66 A.D.2d 766 | N.Y. App. Div. | 1978
In a medical malpractice action, defendant Good Samaritan Hospital (the hospital) appeals (by permission) from an order of the Supreme Court, Suffolk County, dated December 8, 1977, which denied its motion, inter alia, to vacate the findings of the medical malpractice panel, dated March 28, 1977. Order reversed, on the law, without costs or disbursements, motion granted and matter remanded for a de novo hearing on the issue of malpractice before a new panel. On or about March 2, 1972 the infant plaintiff was taken to the emergency room of the defendant hospital complaining of swelling and pain of the right foot as a result of his having been struck there with a hockey puck while playing street hockey. After he was examined by defendant Doctor Monges, X rays were taken, read by Doctor Monges and then sent to defendant Doctor Pizzolato, a