Covert v. Walker
| Decision Date | 08 March 2011 |
| Citation | 918 N.Y.S.2d 208,82 A.D.3d 825 |
| Parties | Denise M. COVERT, et al., respondents, v. Richard F. WALKER, etc., et al., defendants, Orange Regional Medical Center, et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, N.Y. (Steven I. Milligram and Holly L. Reinhardt of counsel), for appellants.
Gary Greenwald, Chester, N.Y. (Marc Leffler and David A. Brodsky of counsel), for respondents.
A. GAIL PRUDENTI, P.J., RANDALL T. ENG, ARIEL E. BELEN, and SANDRA L. SGROI, JJ.
In an action to recover damages for medical malpractice and wrongful death, the defendants Orange Regional Medical Center, Elizabeth Ramirez, and Orange Radiology Associates, P.C., appeal from an order of the Supreme Court, Orange County (Cohen, J.), dated February 8, 2010, which denied the motion of the defendant Elizabeth Ramirez for summary judgment dismissing the complaint insofar as asserted against her.
ORDERED that one bill of costs is awarded to the defendant Elizabeth Ramirez.
The defendant radiologist Elizabeth Ramirez interpreted a CT scan of the thorax of the plaintiffs' decedent on April 26, 2005, and noted, inter alia, the existence of adenopathy (enlarged lymph nodes), which was of uncertain etiology, and recommendedcorrelation with the decedent's clinical history. A biopsy of the decedent's lung tissue was not taken until December 27, 2005, after the decedent presented to her pulmonologist with a paralyzed vocal cord. The biopsy led to a diagnosis of non-small-cell carcinoma of the lung, and the decedent died from that condition on April 5, 2006. The administrators of the decedent's estate commenced this action against, inter alia, Ramirez, seeking damages for medical malpractice and wrongful death.
"Although physicians owe a general duty of care to their patients, that duty may be limited to those medical functions undertaken by the physician and relied on by the patient" ( Chulla v. DiStefano, 242 A.D.2d 657, 658, 662...
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