RODRIGUEZ v. LENOX HILL HOSPITAL


24 A.D.3d 137 (2005)

805 N.Y.S.2d 332

ESTHER RODRIGUEZ, as Administrator of the Estate of ZENAIDA VIGO, Deceased, Appellant, v. LENOX HILL HOSPITAL et al., Defendants, and PAUL PERRY, M.D., Respondent.

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

December 6, 2005.


Plaintiff claims that respondent committed malpractice in failing to determine the cause of plaintiff's decedent's agitation and pain before prescribing psychotropic medications that may have masked her pain and contributed to untimely diagnosis and treatment of her true medical condition. However, assuming the alleged failure to rule out a medical cause was a departure from accepted standards of psychiatric care, respondent's motion for summary judgment was nevertheless...

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