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[DOWNLOAD] "Matter Application Tina Bliss v. Dr. Herbert Jaffin" by Supreme Court of New York " eBook PDF Kindle ePub Free

Matter Application Tina Bliss v. Dr. Herbert Jaffin

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eBook details

  • Title: Matter Application Tina Bliss v. Dr. Herbert Jaffin
  • Author : Supreme Court of New York
  • Release Date : January 05, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

These consolidated appeals arise from a special proceeding brought by petitioner, Tina Bliss, to obtain pre-action disclosure, pursuant to CPLR ? 3102(c), in the nature of depositions to be taken from respondent physicians Herbert Jaffin, Saul R. Stromer and Barbara A. Cavallaro. Originally denied all relief except the right to obtain her own medical records, which respondent Mount Sinai Hospital has consented to provide, petitioner filed a notice of appeal from the order, entered October 17, 1990. Thereafter, petitioner was granted reargument and obtained relief to the extent that respondent Dr. Herbert Jaffin was directed to appear for deposition. Dr. Jaffin, appeals from this latter order, entered December 21, 1990, and petitioner appeals from the original order of October 17, 1990. The circumstances pursuant to which petitioner seeks relief under CPLR ? 3012(c) stem from the November 11, 1988 Cesarean delivery of her daughter, Cynthia Bliss, at respondent Mount Sinai Hospital. It is alleged that complications during labor, caused by the care rendered by respondent Cavallaro, necessitated emergency procedures to deliver the infant. Petitioner urges that pre-action discovery is needed because she is contemplating the commencement of a medical malpractice action in her own right and on behalf of Cynthia, who it is alleged has developed serious and permanent breathing difficulties. The medical records of Cynthia Bliss have been provided to petitioner by Mount Sinai Hospital, but the hospital has been unable to locate petitioner's records, and she contends that it is therefore necessary to obtain the testimony of the respondents in order to ascertain the identities of other potential defendants. See Matter of the Application of Taylor, 143 Misc. 2d 259.


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