Barrocales v. N.Y. Methodist Hosp.

• Decision Date: 12 November 2014
• Docket Number: 2012-10641
• Citation: 2014 N.Y. Slip Op. 07606,122 A.D.3d 648,996 N.Y.S.2d 155
• Court: New York Supreme Court — Appellate Division
• Parties: Justin BARROCALES, etc., et al., appellants, v. NEW YORK METHODIST HOSPITAL, et al., respondents, et al., defendants.

122 A.D.3d 648
996 N.Y.S.2d 155
2014 N.Y. Slip Op. 07606

Justin BARROCALES, etc., et al., appellants
v.
NEW YORK METHODIST HOSPITAL, et al., respondents, et al., defendants.

2012-10641

Supreme Court, Appellate Division, Second Department, New York.

Nov. 12, 2014.

996 N.Y.S.2d 156

Fitzgerald & Fitzgerald, P.C., Yonkers, N.Y. (John M. Daly, Eugene S.R. Pagano, Mitchell L. Gittin, John J. Leen, Ann Chase, and John E. Fitzgerald of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York, N.Y. (Steven C. Mandell of counsel), for respondents New York Methodist Hospital, Madhu B. Gudavalli, and Sumana Myneni.

DeCorato Cohen Sheehan & Federico, LLP, New York, N.Y. (Joshua R. Cohen and Anna R. Schwartz of counsel), for respondent Ifeanyi Obiakor and defendant Ifeanyi Obiakor, M.D., P.C.

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, and SHERI S. ROMAN, JJ.

Opinion

122 A.D.3d 648

In a consolidated action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated August 20, 2012, as granted that branch of the motion of the defendant Ifeanyi Obiakor which was for summary judgment dismissing so much of the complaint as alleged medical malpractice insofar as asserted against him, and granted that branch of the motion of the defendants New York Methodist Hospital, Madhu B. Gudavalli, and Sumana Myneni which was for summary judgment dismissing so much of the complaint, insofar as asserted against the defendant New York Methodist Hospital, as was based upon the discharge of the plaintiff Shawnette Wiggan therefrom on May 7, 2001.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff Shawnette Wiggan was admitted to the defendant New York Methodist Hospital (hereafter NYMH) from May 1, 2001, to May 7, 2001, and again from May 9, 2001, to May 19, 2001, exhibiting symptoms of preterm labor. The infant plaintiffs were born prematurely on May 19, 2001, and it is undisputed that they suffered various injuries as a result of their premature birth. Insofar as relevant here, the plaintiffs commenced this medical malpractice action alleging that the defendant Ifeanyi Obiakor, a private attending physician, failed to take certain steps to delay the premature birth of the infant plaintiffs. The plaintiffs sought to impose liability upon NYMH based on, among other things, the decision to discharge Wiggan on May 7, 2001.

122 A.D.3d 649

“In order to establish the liability of a physician for medical malpractice, a plaintiff must prove that the physician deviated

996 N.Y.S.2d 157

or departed from accepted community standards of practice, and that such departure was a proximate cause of the plaintiff's injuries” (Stukas v. Streiter, 83 A.D.3d 18, 23, 918 N.Y.S.2d 176 ). Accordingly, “[a] physician moving for summary judgment dismissing a complaint alleging medical malpractice must establish, prima facie, either that there was no departure or that any departure was not a proximate cause of the plaintiff's injuries” (Gillespie...