Opinion
April 7, 1987
Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).
Plaintiff's motion sought to amend the medical malpractice complaint to add an additional cause of action for wrongful death. No affidavit or affirmation from a physician was submitted by the plaintiff. An affirmation by plaintiff's counsel stated that "Plaintiff's decedent * * * died having succumbed to cardiopulmonary arrest, secondary to metastasizing ovarian carcinoma." The affidavit further stated that amendment of the complaint was warranted since decedent's "death was occasioned by secondary ovarian carcinoma and pleural effusion, which is the same underlying disease for which this plaintiff's decedent originally sought damages". Excerpts from uncertified Beth Israel Hospital records indicate the cause of death as "cardiopulmonary arrest. NO AID." The death certificate lists the death as being from natural causes.
A motion seeking leave to amend a personal injury complaint to assert a cause of action for wrongful death must be supported by competent medical proof of the causal connection between the alleged malpractice and the death of the original plaintiff. (McCarthy v Downes, 17 A.D.2d 919 [1st Dept 1962]; Shapiro v Beer, 121 A.D.2d 528 [2d Dept 1986]; Mahoney v Sharma, 110 A.D.2d 627 [2d Dept 1985]; Ortiz v Bono, 101 A.D.2d 812 [2d Dept 1984]; Smith v Hellman, 57 A.D.2d 566 [2d Dept 1977]; Wood v Southside Hosp., 45 A.D.2d 1052 [2d Dept 1974].) Plaintiff has failed to present expert medical opinion that the alleged failure to diagnose splenic carcinoma was causally connected to the plaintiff's death from cardiopulmonary arrest.
Concur — Sandler, J.P., Ross, Rosenberg, Ellerin and Smith, JJ.