RIVERA v. MONTEFIORE MEDICAL CENTER

11929, 307017/09

123 A.D.3d 424 (2014)

998 N.Y.S.2d 321

2014 NY Slip Op 08469

EVELYN RIVERA, as Administratrix of the Estate of WILBUR RODRIGUEZ, Deceased, Appellant-Respondent, v. MONTEFIORE MEDICAL CENTER, Respondent-Appellant.

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

Decided December 4, 2014.


This action against defendant, Montefiore Medical Center, is based on the death of plaintiff's 44-year-old son, Wilbur Rodriguez, in defendant's hospital. He had arrived at its emergency room with respiratory difficulty on January 24, 2009 at 11:45 a.m. and had been admitted to the hospital that night at about 11:00 p.m. with a suspected diagnosis of pneumonia, and he died on January 25, 2009 between 4:00 and 4:40 a.m.

Following trial, the jury returned a verdict...

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