From Casetext: Smarter Legal Research

Carey v. St. Barnabas Hosp.

Supreme Court, Appellate Division, First Department, New York.
Jun 7, 2018
162 A.D.3d 435 (N.Y. App. Div. 2018)

Opinion

6786 Index 300917/11

06-07-2018

Linda CAREY, as the Administrator of the Estate of Viola Carey, deceased, Plaintiff–Respondent, v. ST. BARNABAS HOSPITAL, Defendant–Appellant, Split Rock Rehabilitation and Health Care Center, LLC, Defendant.

Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for appellant. Buzin & Berman, P.C., New York (Heath T. Buzin of counsel), for respondent.


Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for appellant.

Buzin & Berman, P.C., New York (Heath T. Buzin of counsel), for respondent.

Manzanet–Daniels, J.P., Tom, Andrias, Kapnick, Singh, JJ.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 3, 2016, which denied the motion of defendant St. Barnabas Hospital for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant hospital failed to make a prima facie showing of entitlement to summary judgment. In reaching the conclusion that the hospital staff took appropriate measures to prevent pressure sores, defendant's expert asserted that decedent's right heel ulcer was first observed on March 17, 2009, after which the hospital took appropriate measures. However, hospital records show that a nurse first observed the ulceration on March 4, 2009, but that no action was taken until March 17th (see Mezzone v. Goetz, 145 A.D.3d 573, 43 N.Y.S.3d 331 [1st Dept. 2016], lv dismissed 29 N.Y.3d 1074, 57 N.Y.S.3d 461, 79 N.E.3d 1124 [2017] ).

In any event, plaintiff's expert raised questions of fact barring summary resolution of plaintiff's claims against defendant hospital (see Cregan v. Sachs, 65 A.D.3d 101, 108–109, 879 N.Y.S.2d 440 [1st Dept. 2009] ). Decedent's records do not confirm that protocols were followed with regard to repositioning to prevent ulcers, and nothing in the record indicates that decedent presented with ulcers until nearly two weeks after her admission (compare Craig v. St. Barnabas Nursing Home, 129 A.D.3d 643, 12 N.Y.S.3d 86 [1st Dept. 2015] ).


Summaries of

Carey v. St. Barnabas Hosp.

Supreme Court, Appellate Division, First Department, New York.
Jun 7, 2018
162 A.D.3d 435 (N.Y. App. Div. 2018)
Case details for

Carey v. St. Barnabas Hosp.

Case Details

Full title:Linda CAREY, as the Administrator of the Estate of Viola Carey, deceased…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 7, 2018

Citations

162 A.D.3d 435 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 4077
75 N.Y.S.3d 36

Citing Cases

Vazquez v. Beth Abraham Health Servs.

Order, Supreme Court, Bronx County (George J. Silver, J.), entered on or about August 24, 2018, which granted…