Langan v. St. Vincent's Hospital of New York
| Decision Date | 14 July 2009 |
| Docket Number | 2008-03429. |
| Citation | 64 A.D.3d 632,882 N.Y.S.2d 500,2009 NY Slip Op 05846 |
| Parties | JOHN LANGAN, Appellant, v. ST. VINCENT'S HOSPITAL OF NEW YORK et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with one bill of costs.
The plaintiff's decedent died after undergoing two surgeries following an accident in which he was struck by a motor vehicle. An autopsy indicated that the cause of death was the injuries the plaintiff's decedent sustained as a result of the accident, and that hypertensive cardiovascular disease was a contributory cause. The plaintiff commenced this action against the surgeon and the hospital in which the plaintiff's decedent was treated alleging that, inter alia, the defendants failed to diagnose and treat a fatty embolism.
"`To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury'" (Barila v Comprehensive Pain Care of Long Is., 44 AD3d 806, 807 [2007], quoting Berger v Becker, 272 AD2d 565, 565 [2000]). Therefore, on a motion for summary judgment, a defendant has the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (see Sandmann v Shapiro, 53 AD3d 537 [2008]). In opposition, a plaintiff then must submit material or evidentiary facts to rebut the defendant's prima facie showing that he or she was not negligent in treating the plaintiff (id.). Here, the defendants established their entitlement to judgment as a matter of law by submitting, inter alia, expert testimony that they did not depart from accepted standards of care (see Barila v Comprehensive Pain Care of Long Is., 44 AD3d at 807).
In opposition, the plaintiff alleged, for the first time, that the plaintiff's decedent died as a result of the defendants'...
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