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
Source: https://www.nycourts.gov/reporter/3dseries/2022/2022_04661.htm
Submitted by Ellen A. Fischer, Sholes & Miller, PLLC