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N.Y. Court Weighs In On Ironic Malpractice Claim

BROOKLYN (CN) - A New York appellate division ruled that a hospital-patient relationship may have existed between a doctor and a woman whose cancer went undetected during her participation in a hospital study on the early detection of ovarian cancer in patients with a family history of the disease. See ruling.

Although Dr. Marjorie Rosenblatt was not negligent, the court ruled, the White Plains Hospital Center failed to establish the absence of any hospital-patient relationship. Plaintiff Mary Anne Sosnoff expected to receive medical care and treatment that she could rely on for an accurate diagnosis, the ruling states.

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