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Leonie Genus Cowan et al v. Westchester County Health Care Corporation et al

Docket 55441/2023, New York State, Westchester County, Supreme Court (Jan. 11, 2023)
Case TypeTorts - Medical, Dental, or Podiatrist Malpractice
TagsTort, Civil, Medical, Dental, or Podiatrist Malpractice, Malpractice
Plaintiff - Petitioner Leonie Genus cowan as Administratrix of the Estate of Florine Genus, Deceased
Plaintiff - Petitioner Leonie Genus cowan Individually
Defendant - Respondent Westchester County Health Care Corporation
...
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SUMMONS + COMPLAINT

Document Leonie Genus Cowan et al v. Westchester County Health Care Corporation et al, 55441/2023, 1 (N.Y. Sup. Ct., Westchester County Jan. 11, 2023)
In subsequent telephone discussions and email correspondence, WCHC’s counsel held the 50-h hearing in abeyance pending the Surrogate Court’s issuance of Letters of Administration to the plaintiff.
More than 60 days have expired since the plaintiff filed her Notice of Claim, and WMCHCC and WMC have made no demands for information to which they may be entitled under the GML and, as such, have waived their rights to same.
At all times mentioned herein, the defendants owned, operated, supervised, and/or controlled the hospital known as “Westchester Medical Center” located at 100 Woods Road, Valhalla, New York 10594 (the “Hospital”).
Defendants breached the duty owed to the plaintiff’s decedent in that they failed to inform her fully and adequately of the risks, hazards and alternatives of the treatment rendered to her and/or withheld from her.
As a result of the foregoing, the plaintiff’s decedent’s next of kin and distributes, including the plaintiff, sustained pecuniary damage in an amount that exceeds the jurisdictional limits of all lower courts to be determined by a jury at the time of trial.
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