Majority
p. 573Christina Vitaliano, Respondent, v. Arthur A. Knapp, Appellant, et al., Defendant.
No opinion. Beldoek, Acting P. J., Kleinfeld and Brennan, JJ., concur; Ughetta and Christ, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, on the ground that there is no proof that defendant Knapp deviated from standard and approved practice or that there was any want of ordinary and reasonable care on Ms part. An error of judgment does not render a physician liable provided he does what he thinks is best after careful examination (Pike v. Honsinger, 155 N. Y. 201 ).
Cases cited
- Pike v. Honsinger 155 N. Y. 201 p. 573