KING v. ST. BARNABAS HOSP.

4654.

87 A.D.3d 238 (2011)

927 N.Y.S.2d 34

JANITH KING, as Administrator of the Estate of THORRIE MURRAY, Deceased, Appellant, v. ST. BARNABAS HOSPITAL et al., Respondents.

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

Decided June 30, 2011.


Attorney(s) appearing for the Case

Ephrem J. Wertenteil , New York City, for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Fay Ng and Pamela Seider Dolgow of counsel), for respondents.

TOM, J.P., SWEENY, CATTERSON and ACOSTA, JJ., concur.


OPINION OF THE COURT

MANZANET-DANIELS, J.

In this case, involving allegedly negligent resuscitation efforts by a team of first responders, we revisit the vexing question of the degree of certainty necessary to establish legal or proximate cause in a medical malpractice action.

By definition, victims requiring resuscitation are found in grave condition from which the likelihood of recovery may be negligible. These circumstances, however, cannot excuse...

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