These are recent case decisions regarding medical malpractice that we think are interesting. The firm of Sholes & Miller is not involved in these matters.
Rivera v Advanced Allergy & Asthma Assessment & Diagnostics, P.C. (Supreme Court of the State of New York: Appellate Division, Second Dept. – December 7, 2022): Plaintiff allegedly was injured when she was given an allergy shot intended for another patient. The appellate division held this claim sounded in medical malpractice, as the challenged conduct constituted medical treatment, or at least bore a substantial relationship to the rendition of medical treatment by a physician. The administration of the injection involved a matter of medical science or art requiring special skills not ordinarily possessed by lay persons. As such, a 2 1/2-year statute of limitations applied.
Source: https://www.nycourts.gov/reporter/3dseries/2022/2022_06283.htm
Submitted by Ellen A. Fischer, Sholes & Miller, PLLC
Bhuiyan v Germain (Supreme Court of the State of New York: Appellate Division, Second Dept. – December 7, 2022): Where hospital staff, such as resident physicians and nurses, have participated in the treatment, the hospital may not be held vicariously liable for resulting injuries where the hospital employees merely carried out the private attending physician’s orders, except when the hospital staff follows orders knowing they are so clearly contraindicated by normal practice that ordinary prudence requires inquiry into the correctness of the orders, the hospital’s employees have committed independent acts of negligence, or the words or conduct of the hospital give rise to the appearance and belief that the physician possesses the authority to act on behalf of the hospital.
Source: https://www.nycourts.gov/reporter/3dseries/2022/2022_06901.htm
Submitted by Ellen A. Fischer, Sholes & Miller, PLLC