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VILLANUEVA v. RAGINS, M.D.

50 A.D.3d 285 (2008)

855 N.Y.S.2d 432

RALPH VILLANUEVA, as Administrator of the Estate of ESTHER VILLANUEVA, Deceased, Appellant, v. HERZL RAGINS, M.D., et al., Respondents, et al., Defendants.

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

Decided April 1, 2008.

The jury's verdict, finding that defendants did not improperly delay surgery but did improperly administer a fluid overload that was a cause of the decedent's death, is not inconsistent (cf. Brezinski v Island Med. Care, 291 A.D.2d 366 [2002]), and is adequately supported by plaintiff's expert's testimony that although large amounts of fluid were necessary at the time of the decedent's...

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