Majority
p. 936Doris Winik et al., Appellants, v. Jewish Hospital of Brooklyn, Defendant, and David Farber, Respondent. Argued December 5, 1972; decided December 29, 1972.
p. 937
Harvey Weitz, Emanuel M. Virshup. and Lewis I. Wolf for appellants.
George van Setter for respondent.
Order affirmed, without costs, in the following memorandum: Appellant was unable to demonstrate that her fear of contracting cancer was reasonable or attributable to respondent surgeon’s alleged negligence in excising the wrong portion of her breast and permitting the suspect lump to remain, on which there was an issue of fact. Every physician she consulted assured appellant she did not have cancer and that there was no cause for concern. This case is distinguishable from those where the negligence of the physician either gave rise to a potentially cancerous condition or permitted a cancer to develop unchecked (see Trapp v. Metz, 28 N Y 2d 913 , revg. 35 A D 2d 851 , on dis. opn. at Appellate Division; Ferrara v. Galluchio, 5 N Y 2d 16 ).
p. 938
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson.
Cases cited
- Trapp v. Metz 28 N Y 2d 913 p. 937
- Trapp v. Metz 35 A D 2d 851 p. 937
- Ferrara v. Galluchio 5 N Y 2d 16 p. 937