Jagenburg v. Chen-Stiebel
| Decision Date | 31 October 2018 |
| Docket Number | Index No. 1693/14,2016–03923 |
| Citation | 85 N.Y.S.3d 558,165 A.D.3d 1239 |
| Parties | Lauren JAGENBURG, et al., Respondents, v. Agnes S. CHEN–STIEBEL, etc., et al., Defendants, Harvey S. Marchbein, etc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Martin Clearwater & Bell LLP, East Meadow, N.Y. (Barbara D. Goldberg, Rosaleen T. McCrory, Scott O. Frycek, and Greg Cascino of counsel), for appellant.
Levine & Grossman, Mineola, N.Y. (Brian C. Lockhart of counsel), for respondents.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, the defendant Harvey S. Marchbein appeals from an order of the Supreme Court, Nassau County (Thomas Feinman, J.), dated February 19, 2016. The order, insofar as appealed from, denied that defendant's motion for summary judgment dismissing the complaint insofar as asserted against him.
ORDERED that the order is affirmed, with costs.
The plaintiff Lauren Jagenburg (hereinafter the plaintiff) gave birth in August 2012 by means of forceps delivery at the defendant North Shore University Hospital. The plaintiff was a private patient of the defendants Agnes S. Chen–Stiebel and ProHealth Care Associates, LLP. During the plaintiff's labor, Chen–Stiebel consulted with the defendant Harvey S. Marchbein with regard to forceps delivery. Soon after the consultation, Marchbein either directed or performed an episiotomy and performed the forceps delivery. After the delivery, Marchbein left the delivery room, and Chen–Stiebel, along with a first-year resident, repaired the plaintiff's episiotomy. The plaintiff, and her husband suing derivatively, commenced this action against Chen–Stiebel, Marchbein, and others to recover damages, inter alia, for medical malpractice related to complications from the episiotomy and its repair. After discovery was completed, Marchbein moved for summary judgment dismissing the complaint insofar as asserted against him. The Supreme Court, inter alia, denied the motion, and Marchbein appeals.
"In order to establish the liability of a physician for medical malpractice, a plaintiff must prove that the physician deviated 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 ). A physician seeking summary judgment dismissing a complaint alleging medical malpractice "must make a prima facie showing that there was no departure from good and accepted medical practice or that the plaintiff was not injured thereby" ( id. at 24, 918 N.Y.S.2d 176 ). Where the defendant has satisfied that burden, a plaintiff must "submit evidentiary facts or materials to rebut the defendant's prima...
To continue reading
Request your trial
-
Jacobs v. Carter
...treatment its staff rendered to plaintiff and that such medical treatment was not a proximate cause of her alleged injuries (see Jagenburg v Chen-Stiebel, supra; Galluccio v Grossman, 161 A.D.3d 1049, 78 N.Y.S.3d [2d Dept 2018]; Bongiovanni v Cavagnuolo, supra; Mitchell v Grace Plaza of Gre......
-
Seliger v. Wagner
...Dr. Wagner and WGM is not appropriate (see Lefkowitz v Kelly, 170 A.D.3d 1148, 96 N.Y.S.3d 642 [2d Dept 2019]; Jagenburg v Chen-Stiebel, 165 A.D.3d 1239, 85 N.Y.S.3d 558 [2d Dept 2018]; Leto v Feld, 131 A.D.3d 590, 15 N.Y.S.3d 208 [2d Dept 2015]). With respect to plaintiffs' cause of action......
-
Wright v. Morning Star Ambulette Servs., Inc.
...community standards of practice, and that such departure was a proximate cause of the plaintiff's injuries' " ( Jagenburg v. Chen–Stiebel, 165 A.D.3d 1239, 1239, 85 N.Y.S.3d 558, quoting Stukas v. Streiter, 83 A.D.3d 18, 23, 918 N.Y.S.2d 176 ). A physician seeking summary judgment dismissin......
-
Dignan v. Vincent
... ... Macancela v Wycko Heights Med. Ctr., 176 A.D.3d 795, ... 109N.Y.S.3d411 [2d Dept 2019]; Jagenburgv ... Chen-Stiebel, 165 A.D.3d 1239,85 N.Y.S.3d 558 [2d Dept ... 2018]; Stukas v Streiter, 83 A.D.3d 18, 918 N.Y.S.2d ... 176 [2d Dept 2011]). To establish a prima ... Wodzenski v Eastern Long Is. Hosp., 170 A.D.3d ... 925,96 N.Y.S.3d 80 [2d Dept 2019]; Jagenburg v ... Chen-Stiebel, supra; Mitchell v Grace Plaza of Great ... Neck, Inc. , 115 A.D.3d 819, 982 N.Y.S.2d 361 [2d Dept ... 2014]). The defendant ... ...