Reseña de Joseph Calvaruso v. Our Lady Peace Roman Catholic Church

Joseph Calvaruso v. Our Lady Peace Roman Catholic Church de Supreme Court of New York Resumen del Libro

Two separate motions by respondents Dr. Rodriguez and Methodist Hospital for reargument of appeal from judgment of the Supreme
Court, Kings County, entered March 9, 1970, and the motion by respondent Dr. Rodriguez is also to amend a certain part of
the decision of this court dated March 22, 1971 [36 AD 2d 755] which determined the appeal. Motions granted only to the extent
of amending the fourth paragraph of said decision to read as follows: "There was testimony on plaintiffs' behalf tending to
show that on June 19, 1962 the infant plaintiff fell down on flight stairs and was taken to the defendant Methodist Hospital
of Brooklyn, where he complained, among other things, of pain in his left hip. X rays were taken and he was treated in the
emergency room for an injury to his knee only. There was further testimony that the infant returned to the hospital on June
22, 1962 and remained there until June 26, as a 'service patient'; that during this period he was treated by Dr. Rodriguez
for a sprained knee; and that Dr. Rodriguez relied upon the X ray report of June 19, 1962 and took no further X rays. Although
Dr. Balensweig, plaintiffs' medical expert, was not permitted to state what his examination of the X rays taken on June 19,
1962 disclosed, he did state that, in his opinion, with reasonable medical certainty, the X rays, if properly read, would
have disclosed the damage to the infant's hip which required a subsequent operation. The same expert also testified that Dr.
Rodriguez should have taken X rays on June 22, 1962, that his failure to do so was not in accordance with good medical practice
prevailing in the community at the time and that, if he had taken X rays, they would have disclosed the hip damage." Motions
denied in all other respects.

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