McCARTHY v. ST. JOSEPH'S MEDICAL CENTER


16 A.D.3d 243 (2005)

791 N.Y.S.2d 544

MONICA McCARTHY, Individually and as Administratrix of the Estate of RICHARD McCARTHY, Deceased, Appellant, v. ST. JOSEPH'S MEDICAL CENTER, et al., Defendants, and JOSEPH MICHAEL GERGYES, M.D., Respondent. (And a Third-Party Action.)

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

March 22, 2005


Assuming in plaintiff's favor that an issue of fact exists as to whether defendant admitted the decedent to the hospital (cf. Gier v CGF Health Sys., 307 A.D.2d 729 [2003]), we would affirm on the ground that no issue of fact exists as to whether the decedent's injuries or death were caused by defendant's alleged 12-hour delay in evaluating him. Plaintiff's expert's opinion in this regard...

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