STUDDIVANT v. BRONX-LEBANON HOSPITAL CENTER

4657, 15504/05.

82 A.D.3d 654 (2011)

920 N.Y.S.2d 44

ELIZABETH STUDDIVANT, as Proposed Administratrix for the Estate of JULIA JENNINGS, Deceased, Appellant, v. BRONX-LEBANON HOSPITAL CENTER, Respondent.

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

Decided March 29, 2011.


Defendant established prima facie its entitlement to summary judgment in this medical malpractice action by submitting the affirmations of experts who concluded, based on the medical records and the affirmation of the nurse involved in administering the IV antibiotic, that the IV line was appropriately placed in the decedent's foot after attempts to locate a vein in her arms proved unsuccessful. The conclusory expert affirmations submitted by plaintiff in opposition failed...

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