Professional Negligence Law Reporter

A New York appellate court held that summary judgment was not warranted in a case where a defendant hospital failed to establish a lack of triable issues of fact regarding its alleged negligence related to a plaintiff’s postoperative care at the facility.

Here, Jose Vargas developed gangrene in his left foot postoperatively and subsequently required an amputation. He sued Wyckoff Heights Medical Center, alleging the defendant and its agents had provided negligent postoperative care. The trial court denied the defendant’s motion for summary judgment.

Affirming, the appellate court noted that summary judgment in a medical negligence suit is not appropriate where the parties offer conflicting medical opinions. Here, the court said, although the hospital offered evidence that the plaintiff had been admonished to keep his foot in an elevated position, there remained a triable issue of fact regarding whether a hospital nurse had instructed him to elevate the foot and then hang it in a dependent position. Moreover, the defendant’s evidence failed to establish that a vascular surgeon assigned to consult with the plaintiff was a private, independent physician whose alleged negligent acts could not be imputed to the hospital under respondeat superior or that the physician’s actions complied with the standard of care.

Consequently, the court found that the defense had not met its summary judgment burden.

Citation: Vargas v. Lee, 207 A.D.3d 684 (N.Y. App. Div. 2022).

Plaintiff counsel: Michael Lauterborn, Garden City, N.Y.