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NUCCI v. PROPER

95 N.Y.2d 597 (2001)

744 N.E.2d 128

721 N.Y.S.2d 593

JOSEPH V. NUCCI, by His Guardian, LINDA Nucci, et al., Appellants, v. GILBERT P. PROPER et al., Respondents.

Court of Appeals of the State of New York.

Decided February 8, 2001.

Attorney(s) appearing for the Case

Faraci & Lange, L. L. P., Rochester (Angelo G. Faraci, Carol A. McKenna and Matthew F. Belanger of counsel), for appellants.

Brown & Tarantino, L. L. P., Buffalo (Ann M. Campbell of counsel), for Gilbert P. Proper, respondent.

Harris Beach, L. L. P., Rochester (Edward H. Fox and Sue S. Tebor of counsel), for Rochester General Hospital, respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

This medical malpractice action focuses on the alleged failure of a surgical anesthesiologist, defendant Gilbert Proper, to monitor plaintiff Joseph Nucci's condition following surgery at defendant Rochester General Hospital. At some point before Nucci entered the recovery room, he sustained irreversible brain damage due to oxygen deprivation. The parties dispute the course of events...

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