PRACTICE AND PROCEDURE-THIRD-PARTY PRACTICE-SUBROGATION AND CONTRIBUTION- RIGHT OF DEFENDANT TO JOIN PHYSICIAN WHO AGGRAVATED lNJURIES

A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may have had against a physician for malpractice. On the second trial the physician will not be bound by the original judgment and may litigate the issue of the alleged wrongdoer's liability as well as that of the charge of malpractice.

Clark v. Halstead, Wheeler v. Blash, (N.Y. 1949) 93 N.Y.S. (2d) 49.