Citation Numbers： 158 A.D.2d 318, 551 N.Y.S.2d 5, 1990 N.Y. App. Div. LEXIS 1230
Filed Date： 2/8/1990
Status： Precedential
Modified Date： 10/31/2024
Plaintiff sustained severe injuries to her jaw, face and neck when she fell from an examining table while giving a blood sample. She contends that defendant physician was negligent in failing to secure her to the table.
We agree that a medical malpractice hearing is unwarranted under these circumstances since the acts complained of would constitute simple negligence and not malpractice requiring medical expert opinion. (Bleiler v Bodnar, 65 NY2d 65 [1985].) Concur—Kupferman, J. P., Asch, Ellerin and Smith, JJ.