DIDN’T SHOW HOW HOSPITAL DEVIATED FROM GOVERNING STANDARD OF CARE
After the Bronx County Supreme Court denied St. Barnabas Hospital’s motion to dismiss a wrongful death claim brought by JEB, an appeal ensued.
While it thought that the plaintiff’s expert raised a “question of fact” as to whether the hospital deviated from the governing “standard of care” for treating the decedent’s skin ulcers, because JEB failed to show what that lapse had to do with the “decedent's death from pneumonia secondary to renal disease and hypertension,” the Appellate Division, First Department, modified the underlying determination and dismissed the “wrongful death” cause of action.
That, clearly, was a deadly outcome.
# # #
DECISION