NY: failure to diagnose strep infection in child: congestive heart failure leads to valve surgery.
COURT'S OPINION: The New York Supreme Court, Appellate Division, affirmed the judgment of the lower court. The court held, inter alia, that to conclude as a matter of law that a jury verdict is not supported by sufficient evidence, there must be "no valid line of reasoning and permissible inferences which could possibly lead rational men to the conclusion reached by the jury on the basis of the evidence presented at trial." Moreover, "the standard for determining whether a jury verdict is against the weight of the evidence is whether the evidence so preponderated in favor of the movant that the verdict could not have been reached on any fair interpretation the evidence. Although the jury found that the nurse practitioners involved were negligent in failing to test Krystina for strep throat, it further found that the negligence was not a substantial factor in causing the patient's injuries. Leha v. Yonkers General Hospital, 2004-06267 (N.Y. App. Div. 10/31/2005) 22 AD.3d 809
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Hospital Law Decisions of Note|
|Author:||Tammelleo, A. David|
|Publication:||Hospital Law's Regan Report|
|Date:||Nov 1, 2005|
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