[DOWNLOAD] "Nestorowich v. Ricotta" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Nestorowich v. Ricotta
- Author : Supreme Court of New York
- Release Date : January 21, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
(Appeal from Judgment of Supreme Court, Erie County, Dillon, J. - Negligence.) OPINION Judgment affirmed without costs. Memorandum: Contrary to plaintiff's contention, the verdict in favor of John J. Ricotta (defendant) in this medical malpractice action is based on legally sufficient evidence (see generally, Cohen v Hallmark Cards, 45 NY2d 493, 499). In addition, the verdict is not against the weight of the evidence (see, Duncan v Mount St. Mary's Hosp. of Niagara Falls, supra, at 863; see generally, Cohen v Hallmark Cards, supra, at 498-499; Nicastro v Park, 113 AD2d 129, 132-133). Contrary to plaintiff's further contention, the trial testimony of defendant and his expert witness was not speculative. Considering the totality of their testimony, we conclude that the testimony ""conveyed an assurance that it was not based on either supposition or speculation"" (Duncan v Mount St. Mary's Hosp. of Niagara Falls [appeal No. 3], 272 AD2d 862, lv denied 95 NY2d 760; see, John v City of New York, 235 AD2d 210). Supreme Court did not err in giving an ""error in judgment"" charge (see, PJI 2:150; Capolino v New York City Health & Hosps. Corp., 199 AD2d 173, 173- 174). Defendant and his expert testified that it was medically necessary to ligate decedent's blood vessels during surgery and that a risk associated with that procedure is the ligation of the renal artery, which can become caught in the tissue surrounding one of the ties used to ligate the blood vessels. As a result of defendant's decision to ligate the blood vessels, the renal artery was ligated. Plaintiff's expert disagreed that ligation of the renal artery is a risk associated with the ligation of the blood vessels and also testified that defendant could have controlled the bleeding with methods other than ligation.
![](http://pinterest.com/pin/create/button/?url=https://cpbgyblezo.blogspot.com/2021/05/download-nestorowich-v-ricotta-by.html&media=https://is1-ssl.mzstatic.com/image/thumb/Publication/v4/db/51/fe/db51fea8-2707-cb6f-462c-39fbbaf2790a/source/700x700bb.jpg&description=[DOWNLOAD] "Nestorowich v. Ricotta" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}