Gian-Cursio v. State

Facts

In 1951, Roger Mozian was diagnosed with pulmonary tuberculosis by Dr. Matis, a New York physician. Mozian’s condition was dormant until 1962 when an x-ray revealed that the condition had become active. Mozian refused Matis’ recommendation of hospitalization and medication. Instead, Mozian sought treatment from Dr. Gian-Cursio (Defendant), a New York chiropractic physician. Gian-Cursio advised that Mozian incorporate a full vegetarian diet, interspersed with fasting periods, and not take any medications. Dr. Epstein (Defendant), a licensed chiropractic physician in Florida, operated a home for patients in Dade County, Florida. On the advice of Gian-Cursio, Mozian went to Epstein’s establishment and was treated by Gian-Cursio and Epstein. Approximately six months later, Mozian was hospitalized where he was treated with drugs and other medical treatment for tuberculosis. A few days later, Mozian died. Defendants were charged with manslaughter in causing Mozian’s death. At trial, the jury concluded that the treatment provided to Mozian by Defendants accelerated, rather than slowed, the tuberculosis. Defendants were convicted and they appealed.