Sheppard v. Brookhaven Mem'l Hosp. Med. Ctr.
| Decision Date | 24 April 2019 |
| Docket Number | Index No. 45087/10,2016–09284 |
| Citation | 171 A.D.3d 1234,98 N.Y.S.3d 629 |
| Parties | Jennifer SHEPPARD, Appellant, v. BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Respondent, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
171 A.D.3d 1234
98 N.Y.S.3d 629
Jennifer SHEPPARD, Appellant,
v.
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Respondent, et al., Defendants.
2016–09284
Index No. 45087/10
Supreme Court, Appellate Division, Second Department, New York.
Argued - November 15, 2018
April 24, 2019
Blangiardo & Blangiardo, Riverhead, N.Y. (Frank J. Blangiardo of counsel), for appellant.
Lewis Johs Avallone Aviles, LLP, Islandia, N.Y. (Robert A. Lifson of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Brookhaven Memorial Hospital Medical Center which was for summary judgment dismissing the first cause of action is denied.
On June 16, 2008, the plaintiff presented at the emergency room of the defendant Brookhaven Memorial Hospital Medical Center (hereinafter Brookhaven) with complaints of numbness, nausea, and vomiting. Later that night, the plaintiff was admitted to the hospital. The plaintiff was medicated and various tests were performed the following day. Among other things, a CT scan of the plaintiff's head was performed at approximately 5:00 p.m. on June 17, 2008, and showed nothing remarkable. Around 10:00 that night, however, the plaintiff complained of headache and neck pain, and at approximately 8:25 the following morning, June 18, 2008, she was found in bed in a lethargic and unresponsive state. At 10:30 a.m., the attending neurologist ordered a "Stat CT/MRI of brain" to rule out a possible stroke. That test was performed at 2:09 p.m., and revealed a significant edema of the brain. The results were
discussed with the neurologist at 3:30 p.m., and a neurosurgeon was contacted at approximately 4:10 p.m. to perform emergency surgery, which took place from 5:30 p.m. to 8:00...
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...in the plaintiff's complaint and bill of particulars’ " ( id. at 660, 115 N.Y.S.3d 690, quoting Sheppard v. Brookhaven Mem. Hosp. Ctr., 171 A.D.3d 1234, 1235, 98 N.Y.S.3d 629 ). "Summary judgment is not appropriate in a medical malpractice action where the parties adduce conflicting medical......
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...and rebut any such allegations contained in the complaint and the bill of particulars (see Sheppard v. Brookhaven Mem. Hosp. Med. Ctr. , 171 A.D.3d 1234, 1235, 98 N.Y.S.3d 629 ; Ticali v. Locascio , 24 A.D.3d 430, 431, 804 N.Y.S.2d 688 ). In the absence of such a showing, the hospital must ......
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