VARGAS v. HEALTH INSURANCE PLAN OF GREATER NEW YORK


302 A.D.2d 247 (2003)

753 N.Y.S.2d 730

CHRISTOPHER VARGAS et al., Respondents-Appellants, v. HEALTH INSURANCE PLAN OF GREATER NEW YORK et al., Respondents, and WESTCHESTER SQUARE HOSPITAL et al., Appellants, et al., Defendants.

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

Decided February 18, 2003.


Plaintiffs' medical expert's affidavit raises issues of fact as to whether defendant hospitals departed from accepted standards of care, and, if so, whether such departures exacerbated the injury (see Lambos v Weintraub, 246 A.D.2d 356, 357-358). However, no genuine issues of fact are raised as to whether the insurer defendants contributed to the alleged delay in transferring the infant plaintiff to a hospital equipped to treat his...

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