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NY: doctor amends his answer to complaint: pt. could not amend complaint without cause.

Publication: Medical Law's Regan Report
Publication Date: 01-JUN-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: NY: doctor amends his answer to complaint: pt. could not amend complaint without cause.(Medical Law Cases of Note)(Case overview)

Article Excerpt
CASE FACTS: Peter Pagan filed a medical malpractice suit against Dr. David Quinn in June 2004 seeking to recover for injuries sustained in January 2002 when Dr. Quinn surgically removed previously inserted to stabilize a fracture of his leg. Following joinder of issues and discovery Dr. Quinn served an amended answer amplifying an affirmative defense asserted in his original answer. This, in turn, prompted the plaintiff to serve an amended complaint, which he contended was authorized under the state's rules of civil procedure. In his amended...

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