Spoor v. Serota

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “captain of the ship” instruction not warranted absent evidence to support negligence claim against any party involved in the surgery other than the surgeon
• \captain of the ship\ instruction not warranted absent evidence to support negligence claim against any party involved in the surgery other than the surgeon
• although a fiduciary has a duty to use reasonable care and skill, that same duty is imposed upon physicians under negligence theories; hence, fiduciary duty claim is duplicative of malpractice claim

Source: CourtListener parenthetical corpus (CC0).