Krauth v. Richmond Memorial Hosp.

• Decision Date: 31 October 1963
• Parties: , 194 N.E.2d 133 Felix KRAUTH, Appellant, v. RICHMOND MEMORIAL HOSPITAL, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 318

244 N.Y.S.2d 318

13 N.Y.2d 949, 194 N.E.2d 133

Felix KRAUTH, Appellant, v. RICHMOND MEMORIAL HOSPITAL, Respondent.

Court of Appeals of New York.

Oct. 31, 1963.

Appeal from Supreme Court, Appellate Division, First Department.

Patient brought a malpractice action against hospital because of failure of hospital to take X-rays which would have disclosed that injured toe was broken.

The Supreme Court, Trial Term, New York County, Thomas C. Chimera, J., entered a judgment in favor of the hospital, and the patient appealed.

The Appellate Division, by a divided court, affirmed the judgment.

The patient appealed to the Court of Appeals, contending that there was a question of fact as to malpractice, and that there was a question of fact whether the ultimate condition of the patient was a consequence of the alleged malpractice, and that it was error to dismiss the complaint on ground that the patient's failure to see a physician sooner absolved the hospital from its alleged malpractice. Tenzer & Golden, Mineola (Benjamin H. Siff, New York City, on the brief), for plaintiff-appellant.

George J. Conway, New York City (Lillian E. Cuff, Kew Gardens, of counsel), for defendant-respondent.

Judgment affirmed, without costs.

All concur.