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SCHROER v. CHMURA

No. 86-CV-107.

634 F.Supp. 941 (1986)

Deborah J. SCHROER and Peter J. Schroer, Plaintiffs, v. Ann CHMURA, M.D., individually and as an agent, officer or employee of the Mid-York Family Health Center, Inc., The Community Memorial Hospital, Hamilton, New York, Defendants.

United States District Court, N.D. New York.

May 16, 1986.

Attorney(s) appearing for the Case

Thomas C. McCobb, III, Morrisville, N.Y., for plaintiffs.

Hancock & Estabrook, Syracuse, N.Y., for defendant Community Memorial Hosp.; Mark J. Schulte, of counsel.

Capecelatro, Del Buono, Vaughan & Compson, P.C., Utica, N.Y., for defendant Mid-York Family Health Center; Merritt E. Vaughan, of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Edward R. Broton, Asst. U.S. Atty., N.D. N.Y., Syracuse, N.Y., for U.S.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

Factual and Procedural Background

Deborah J. Schroer, plaintiff in this action, received medical treatment from defendant Dr. Ann Chmura, who was associated with defendant Mid-York Family Health Center, Inc. ["Mid-York"]. Plaintiff was seen by Dr. Chmura for pre-natal and post-natal care, beginning in November 1982 through July 11, 1983. On July 9, 1983 Dr. Chmura performed an episiotomy...

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