Legal Decisions of Note – Week of July 20 – 22, 2022 

This is a recent case decision regarding medical malpractice that we think is interesting. The firm of Sholes & Miller is not involved in this matter.

Vargas v. Lee, (1st Dept. 2022) – denial of summary judgment affirmed; Court held that defendant, Wyckoff Heights Medical Center, failed to meet its initial burden of proof.  Wyckoff failed to establish that a physician was a private, independent physician, where he was “assigned by Wyckoff to render a vascular surgical consultation to [plaintiff] in connection with his postoperative care and treatment (cit. om.).”    The court referenced not only the Mduba rule (that liability may attach where a patient comes to emergency room seeking treatment from the hospital and not a particular physician of the plaintiff’s choosing”) but added: “or a nonemployee physician otherwise acted as an agent of the hospital, or the hospital exercised some control over the physician”. (citing Mitchell v. Goncalves).

Source:  NYS Law Reporting Bureau, NY Official Reports, Slip Opinion Service

Submitted by Ellen A. Fischer, Sholes & Miller, PLLC