The following excerpt is from Restrepo v. State, 146 Misc.2d 349, 550 N.Y.S.2d 536 (N.Y. Ct. Cl. 1989):
[146 Misc.2d 356] While mere errors in choice between conflicting acceptable alternative treatments are not actionable (Schrempf v. State of New York, 66 N.Y.2d 289, 496 N.Y.S.2d 973, 487 N.E.2d 883, supra ), all alternatives weighed must be in the best interests of the patient. Here, that was not the case. The decision whether or not to treat Tiki Singh was not based on her best interests but on whether the public interest in having the races start on time outweighed her health.
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