doctor bar (New York) · Go Syfert
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doctor bar in New York

6 New York opinions name it 4 courts 1957–1995 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Winston v. Leegreen
scotus · 1985 · cited in 1 New York opinions naming this issue, 1989–1989
1 sentence

1989While Dr. Fortune categorized the surgery as "minor”, "[t]he question whether the surgery is to be characterized in medical terms as 'major’ or 'minor’ is not controlling.” (Winston v Lee, supra, at 764, n 8.) Nor can the proposed procedure be likened to the removal of a .32 caliber slug which lay "superficially beneath the skin” and "was extracted by gentle squeezing after an incision an inch long had been made” as in the case of United States v Crowder (543 F2d 312, 314, 316 [1976]) on which the People also rely.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Bell v. New York City Health & Hospital Corp. green
nyappdiv · 1982
1 sentence

1995Corp., 90 AD2d 270 ; Bullock v Parkchester Gen.

11995–1995
Bennin v. Ramapo General Hospital neutral
nyappdiv · 1979
1 sentence

1984Hosp., 72 AD2d 736 ).

11984–1984
Goldfarb v. Cranin neutral
nysupct · 1962
1 sentence

1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ).

11980–1980
Gates v. . Preston green
ny · 1869
1 sentence

1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ).

11980–1980
Blair v. . Bartlett green
ny · 1878
2 sentences

1980In the Blair case ( 75 NY, at p 152 ) the Court of Appeals wrote: "It must be considered as settled in this State, that a judgment in favor of a physician and surgeon for his professional services, rendered by a court of competent jurisdiction, in an action in which the defendant appeared and answered, setting up a defense which he maintained at the trial, or in an action in which he appeared and signed and filed a written confession of judgment for the amount of the services, is a bar to an action for malpractice by that defendant against that physician and surgeon for malpractice in renderin

1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ).

11980–1980
Matter of Will of John Kellum green
ny · 1873
1 sentence

1968(Matter of Kellum, 52 N. Y. 517 ; People v. Mavis, 5 Misc 2d 943 .) A discrepancy in dates on the label of the blood sample in evidence is claimed to require reversal.

11968–1968
People v. Mavis green
nysupct · 1956
1 sentence

1968(Matter of Kellum, 52 N. Y. 517 ; People v. Mavis, 5 Misc 2d 943 .) A discrepancy in dates on the label of the blood sample in evidence is claimed to require reversal.

11968–1968
St. George v. State green
nyappdiv · 1954
1 sentence

1957George v. State of New York, 283 App. Div. 245 ) where it was said (p. 248): “ Are the doctors, or is the State which employs them, legally responsible in damages for an honest error of professional judgment made by qualified and competent persons?

11957–1957

Where else courts name it

LA 11 (2004–2009) IL 9 (1923–2015) CA 8 (1962–2024) TX 6 (1977–2023) NY 6 (1957–1995) SC 5 (1996–2025) AZ 4 (1960–2010) IN 3 (2003–2014) WA 3 (1968–2000) FL 2 (1992–2006) PA 2 (2016–2016) GA 2 (1927–2006) OR 2 (1905–1990) AL 2 (1976–1985) MO 2 (1944–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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