Ingraham v. Carroll

In Ingraham v. Carroll, 90 NY2d 592, 604 [1997], the Court of Appeals was presented with this jurisdictional issue in a wrongful death action arising out of malpractice allegedly committed by a defendant physician, who examined plaintiff (a New York resident) in Vermont following a referral from her New York physicians. As stated by the Court, "the gravamen of plaintiff's complaint against defendant is that he negligently failed to recognize the serious nature of his wife's condition at an early stage and, as a result, made recommendations to her primary physicians against procedures that would have led to an early diagnosis of the cancer while it was still in a treatable stage" (90 NY2d, supra at 595). In Ingraham, the physician failed to make a proper diagnosis and then made erroneous recommendations to plaintiff's New York doctor which thus allowed plaintiff's cancer to progress in New York to a point where it became untreatable.