Segreti v. Putnam Community Hospital

• Citation: 449 N.Y.S.2d 785,88 A.D.2d 590
• Parties: Jennie T. SEGRETI, as Administratrix, etc., Appellant, v. PUTNAM COMMUNITY HOSPITAL et al., Respondents.
• Decision Date: 03 May 1982
• Court: New York Supreme Court Appellate Division

Page 785

449 N.Y.S.2d 785

88 A.D.2d 590

Jennie T. SEGRETI, as Administratrix, etc., Appellant, v. PUTNAM COMMUNITY HOSPITAL et al., Respondents.

Supreme Court, Appellate Division,

Second Department.

May 3, 1982.

Glaser & Blitz, New York City (Helen B. Stoller, New York City, of counsel), for appellant.

Maria & Libertella, White Plains (Joseph A. Maria, White Plains, of counsel), for respondent Putnam Community Hospital.

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Richard Oleson and Eugene J. McGuinness, White Plains, of counsel), for respondent Paul Chang.

Before DAMIANI, J. P., and LAZER, MANGANO and GIBBONS, JJ.

MEMORANDUM BY THE COURT.

In a medical malpractice action, plaintiff appeals from a judgment of the Supreme Court, Putnam County, entered December 30, 1980, which dismissed the complaint, after a jury verdict in favor of defendant Chang.

Judgment reversed, on the law, without costs or disbursements, and matter remitted to the Supreme Court, Putnam County, for a new trial as to defendant Chang.

On January 16, 1976 Anthony Segreti died in his car en route home after having just been X-rayed at the Putnam Community Hospital pursuant to Dr. Chang's suggestion. Although no autopsy was performed, the death certificate of the New York State Department of Health indicated that the immediate cause of death was "coronary occlusion".

Dr. Paul Chang first saw decedent in his office in October, 1970. Decedent revealed that he was experiencing a great deal of tension at work and, with respect to his family history, that his father had died of a coronary at the age of 54 and his mother was suffering from hypertension. Dr. Chang performed an electrocardiogram which revealed both premature ventricular and arterial contractions. Premature contractions can be caused by stress or anxiety or may result from the use of such stimulants as caffeine or tobacco. Chang prescribed a mild tranquilizer at that time. On December 16, 1970 Dr. Chang made the following diagnosis: "abnormal electrocardiogram, frequent p. v. c.' s, no organic heart disease".

Segreti did not visit Dr. Chang again until October 20, 1971, at which time he complained of pain in the precordium and substernum regions. Based upon his observations to this point, Dr. Chang reached the opinion that heart disease was one of a number of possibilities to explain Segreti's ailment. He thereupon prescribed valium, as a mild tranquilizer, and sorbitrate, a medication designed to dilate the coronary artery vessels in order to increase the blood flow. Shortly thereafter, Dr. Chang recommended that Segreti see a cardiologist for the purpose of submitting to a coronary angiogram. No such test was performed, however.

Upon Segreti's next visit, in April, 1972, Dr. Chang prescribed enderal, a medication used for controlling angina, blood pressure and irregular heartbeats. It was also determined that Segreti had an abnormally high cholesterol level.

In June, 1972 Dr. Chang performed a pre-operative electrocardiogram and cleared Segreti for knee surgery. Upon the occasion of Segreti's subsequent hospitalization in January, 1974, Dr. Chang initially refused to clear his patient for further knee surgery due to abnormal wave patterns on the cardiogram. Even at that time, however, he did not consider Segreti to be suffering from heart disease.

In November, 1974, Segreti complained of pressure in his chest and left arm and informed Dr. Chang that his mother had recently died of a massive coronary. Although Dr. Chang became increasingly concerned about Segreti's complaints of chest pains, none of the other common symptoms of heart disease, such as weakness, sensations of heat or cold, sweat or difficulties in breathing were present. An electrocardiogram performed at that time revealed no evidence of myocardial infarction or any additional maladies.

Dr. Chang next saw Segreti on January 10, 1976. As per Dr. Chang's testimony, an electrocardiogram performed on that day revealed Segreti's heart rate to be normal. There was no evidence of heart damage or ischemia. Dr. Chang prescribed that Segreti resume his intake of Atromid-S in order to alleviate his elevated cholesterol level. Segreti telephoned Dr. Chang from work on January 16, 1976, complaining of aches and burning sensations in his upper chest, shoulder...