From Casetext: Smarter Legal Research

Rodriguez v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2006
28 A.D.3d 357 (N.Y. App. Div. 2006)

Opinion

8090.

April 20, 2006.

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about January 13, 2005, which denied the motion by the Montefiore defendants, Mohan and Rubin for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against them. The Clerk is directed to enter judgment accordingly.

Kaufman Borgeest Ryan LLP, Valhalla (Jacqueline Mandell of counsel), for appellants.

Pollack, Pollack, Isaac DeCicco, New York (Kenneth J. Gorman of counsel), for respondent.

Before: Mazzarelli, J.P., Marlow, Nardelli, Gonzalez and McGuire, JJ.


Appellants made out a prima facie case by establishing that they did not commit medical malpractice in their treatment of plaintiff. The burden then shifted to plaintiff to adduce admissible proof raising a triable issue of fact. However, plaintiff's expert offered only conclusory assertions and mere speculation that her cancer would have been discovered earlier and would not have spread if appellants had more aggressively pursued her, and expedited and tracked her follow-up visits more actively ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 325; Bullard v. St. Barnabas Hosp., 27 AD3d 206; DeFilippo v. New York Downtown Hosp., 10 AD3d 521, 523). Furthermore, in concluding that plaintiff's cancer should have been discovered by December 1998, plaintiff's expert improperly relied on information which could not have been known to plaintiff's doctors during the time they treated her ( see Lederman v. Lawrence Hosp., 202 AD2d 198, 199-200).


Summaries of

Rodriguez v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2006
28 A.D.3d 357 (N.Y. App. Div. 2006)
Case details for

Rodriguez v. Montefiore Medical Center

Case Details

Full title:ROSITA RODRIGUEZ, Respondent, v. MONTEFIORE MEDICAL CENTER et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 20, 2006

Citations

28 A.D.3d 357 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2992
814 N.Y.S.2d 59

Citing Cases

Ruffin v. N. Shore Univ. Hosp. at Forest Hills

ries would have been less severe with an earlier diagnosis, thus failing to raise a triable issue of fact…

Rivera v. Jothianandan

Defendant examined plaintiff, and her findings showed no symptoms of appendicitis, including any fever,…