Robert S. Long v. Robert J. Hacker - Court of Appeals of New York

Robert S. Long v. Robert J. Hacker

By Court of Appeals of New York

  • Release Date - Published: 1994-08-05
  • Book Genre: Law
  • Author: Court of Appeals of New York
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Robert S. Long v. Robert J. Hacker Court of Appeals of New York read online review & book description:

Plaintiff-appellant, Robert S. Long, M.D., brought a medical malpractice action against defendant-appellee, Robert J. Hacker, M.D., a neurosurgeon, in the district court for Douglas County. Hacker had performed a laminectomy on Long, and it is uncontested that Hacker operated on the wrong vertebrae of Longs spine. This miscalculation was apparently due to the misinterpretation of an x ray. The jury found in favor of Hacker. The Nebraska Court of Appeals affirmed the judgment of the district court. Long v. Hacker, 93 NCA No. 42, case No. A-91-1207 (not designated for permanent publication). Long filed a petition for further review by this court on several grounds. Long contends that the Court of Appeals erred in finding (1) that the instructions to the jury on alternative methods of surgical procedure were properly given, since alternative procedures to locate the operation site were not in issue; (2) that the trial court properly instructed on "efficient intervening cause," since the surgeon was responsible for any misreading of x rays by the radiologist; and (3) that the verdict was not clearly wrong. We reverse, and remand the cause for a new trial.

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