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Parker v. Long Island Jewish Medical Center

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eBook details

  • Title: Parker v. Long Island Jewish Medical Center
  • Author : Queens County New York Supreme Court
  • Release Date : January 07, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

This is an action to recover damages for the emotional distress allegedly sustained by plaintiff Kelly Lester as the result of the autopsy performed on her son without her consent. At the outset, the complaint as asserted on behalf of Justin William Parker is dismissed. The deceased infant is not a proper party to this action. Even if the deceased infants purported claim were brought by the personal representative of his estate as required (EPTL 11-3.2), the cause of action alleged herein accrues to the next-of-kin. (See, Bambrick v Booth Mem. Med. Ctr., 190 AD2d 646 [1993]; Trammell v City of New York, 193 Misc 356 [1948], affd 276 App Div 781 [1949].)


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