Murphy v. Blum
| Decision Date | 23 April 1990 |
| Citation | 160 A.D.2d 914,554 N.Y.S.2d 640 |
| Parties | Donald MURPHY, et al., Appellants, v. Richard BLUM, M.D., Defendant Third-Party Plaintiff-Respondent. National Basketball Association, Third-Party Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Johnson, Tannen, Brecher, Fishman, Feit & Heller, P.C., New York City (Jeffrey A. Manheimer and Judy L. Schneider, of counsel), for appellants.
Farley, Holohan, Wagner & Doman, Mineola (Robert J. Farley, of counsel), for defendant third-party plaintiff-respondent.
William J. Claire (Bombara & McGlynn, New York City, Martin M. McGlynn, of counsel), for third-party defendant-respondent.
Before MANGANO, P.J., and THOMPSON, BRACKEN and EIBER, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Levitt, J.), entered February 1, 1989, as dismissed the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff Donald Murphy, while employed as a referee for the third-party defendant, the National Basketball Association (hereinafter the NBA), was required by the NBA to undergo a yearly physical examination to ensure that he would be able to withstand the rigors of his job. The 1978 examination was performed by the defendant, Dr. Richard Blum. Dr. Blum also analyzed the results of an exercise stress test performed upon the plaintiff by Dr. Kenneth Rubin. Dr. Rubin advised Dr. Blum that Murphy's test was "abnormal with respect to ST segment changes". Dr. Blum orally apprised the Supervisor of NBA Officials, Norm Drucker, of his findings. He also sent the NBA a letter stating his findings. Drucker advised Murphy that "[i]t was not what they would call a good stress test for you from your standpoint". Drucker thereafter forwarded the results of the examinations to Murphy's personal physician. During the ensuing season, Murphy suffered cardiac arrest and could no longer maintain his position as an NBA referee.
A doctor engaged only for the purpose of examining a person for workers' compensation or similar purposes is under a common-law duty to use reasonable care and his best judgment when conducting the examination (see, Twitchell v. MacKay, 78 A.D.2d 125, 434 N.Y.S.2d...
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...McKinney v. Bellevue Hosp., 183 A.D.2d 563, 584 N.Y.S.2d 538; Lee v. City of New York, 162 A.D.2d 34, 560 N.Y.S.2d 700; Murphy v. Blum, 160 A.D.2d 914, 554 N.Y.S.2d 640). Here, since there was no physician-patient relationship between the surgeon and the pathologists or the hospital, the su......
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Polidoro v. Chubb Corp., 04 CIV. 3184.
... ... ' compensation or similar purposes is under a common-law duty to use reasonable care and his best judgment when conducting the examination." Murphy v. Blum, 160 A.D.2d 914, 915, 554 N.Y.S.2d 640 (2d Dep't 1990). The duty, however, is limited in scope, Finnegan, 270 A.D.2d at 809, 705 N.Y.S.2d ... ...
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Polidoro v. Chubb Corp., 04 CIV.3184.
... ... ' compensation or similar purposes is under a common-law duty to use reasonable care and his best judgment when conducting the examination." Murphy v. Blum, 160 A.D.2d 914, 915, 554 N.Y.S.2d 640 (2d Dep't 1990). The duty, however, is limited in scope, Finnegan, 270 A.D.2d at 809, 705 N.Y.S.2d ... ...
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Dunn v. Khan, 2007 NY Slip Op 33311(U) (N.Y. Sup. Ct. 9/28/2007), 6494-05.
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