Winegrad v. New York University Medical Center
- Decided
- February 12, 1985
- Status
- Published
- Jurisdiction
- New York
Cited 9,984 timesNo negative treatment found in this library
What later courts said
- finding entitlement to attorney fees expended in securing reimbursement from obligor — First National Insurance Co. of America v. Joseph R. Wunderlich, Inc. (2004)
- "Failure to make such [a prima facie] showing requires denial of the motion, regardless of the sufficiency of the opposing papers." — MBIA Ins. Corp. v. Credit Suisse Sec. (USA) LLC (2017)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT Memorandum.
The order of the Appellate Division should be reversed, with costs, the individual defendants’ cross motion for summary judgment denied, and the case remitted to the Appellate Division for consideration of issues not reached on the appeal to that court.
In this action to recover damages for medical malpractice, plaintiffs in a verified complaint and bill of particulars alleged that defendant Jacobs failed to check Mrs. Winegrad’s medical history before undertaking to perform surgery on the tissues surrounding her eyes, and allowed administration of anesthesia without checking this history; that during the course of this minor surgery she went into shock and developed cardiac arrhythmia; that defendants Ross and Pasternack treated her and administered drugs for a blood clot and heart condition which were unnecessary and actually were incompatible with her condition; and that defendant Jacobs wrongfully left the surgery incomplete after representing to her that it had been completed.
Cite this
Winegrad v. New York University Medical Center, 64 N.Y.2d 851 (1985)Read the full opinion
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