What is the case law on the lesser evil when dealing with medical malpractice?

"New York", United States of America

The following excerpt is from People v. Gray, 150 Misc.2d 852, 571 N.Y.S.2d 851 (N.Y. City Ct. 1991):

In recent cases, it has become evident that the lesser evil sometimes must occur well in advance of the greater harm. In People v. Harmon, 53 Mich.App. 482, 220

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