Kathleen McDermott, Appellant v. Manhattan Eye, Ear & Throat Hospital, Respondents

Summary

The New York Court of Appeals held that a plaintiff in a medical malpractice action may call the defendant physician as an expert witness and question him about the accepted standard of medical practice, and therefore modified the lower court's dismissal to grant a new trial as to Dr. Patón, Dr. Kleinhandler and the hospital, affirming with costs.