These are recent case decisions regarding medical malpractice that we think are interesting. The firm of Sholes & Miller is not involved in these matters.
Proano v. Gutman, 2022 NY Slip Op 07253 (Supreme Court of the State of New York: Appellate Division, Second Department – December 21, 2022): The Second Department, reversing (modifying) Supreme Court, determined that, although the medical malpractice actions were time-barred, the related wrongful death action, brought within two years of death, was not: “[T]he wrongful death cause of action was timely. EPTL 5-4.1 provides that an action for wrongful death ‘must be commenced within two years after the decedent’s death.’ Here, the decedent died on November 9, 2013, and this action was commenced on November 9, 2015. Thus, ‘the cause of action alleging wrongful death was timely commenced within two years of the decedent’s death, since, at the time of [his] death, [the] cause of action sounding in medical malpractice was not time-barred’.
Source: Proano v Gutman (2022 NY Slip Op 07253) (nycourts.gov)
Submitted by Ellen A. Fischer, Sholes & Miller, PLLC
Johnson v. Auburn Community Hospital, 2022 NY Slip Op 07332 (Supreme Court of the State of New York: Appellate Division, Fourth Department – December 23, 2022): Plaintiff was prescribed Ativan, which causes drowsiness, in the emergency room, was discharged while under its influence and was involved in a car accident; the medical malpractice causes of action based on the allegedly negligent discharge and the alleged failure to explain the effects of Ativan both sounded in medical malpractice and properly survived summary judgment.
The Fourth Department determined defendants’ motion for summary judgment in this medical malpractice action was properly denied. Plaintiff was treated at the emergency department of defendant hospital and prescribed Ativan, a drug which causes drowsiness. Plaintiff was released while under the influence of the drug and had a car accident. Plaintiff alleged he was negligently discharged and was not informed of the possible effects of Ativan.
Source: Johnson v Auburn Community Hosp. (2022 NY Slip Op 07332) (nycourts.gov)
Submitted by Ellen A. Fischer, Sholes & Miller, PLLC