Rogers v. Schuyler
1990 N.Y. App. Div. LEXIS 1230
N.Y. App. Div.1990Check TreatmentPlaintiff sustained severe injuries to her jaw, face and neck when she fell from an examining table while giving a blood sample. She contends that defendant physician was negligent in failing to secure her to the table.
We agree that a medical malpractice hearing is unwarranted under these circumstances since the acts complained of would constitute simple negligence and not malpractice requiring medical expert opinion. (Bleiler v Bodnar, 65 NY2d 65 [1985].) Concur—Kupferman, J. P., Asch, Ellerin and Smith, JJ.