BAILEY v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER

2011-02618.

98 A.D.3d 545 (2012)

949 N.Y.S.2d 714

2012 NY Slip Op 5900

EVADINE BAILEY et al., Individually and as Administrators of the Estate of PATRICK BAILEY, Deceased, Appellants, v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER, Respondent.

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

Decided August 8, 2012.


Ordered that the judgment is affirmed, with costs.

Just after midnight on November 1, 1997, emergency room personnel at the defendant Brookdale University Hospital and Medical Center (hereinafter the Hospital) began treating the plaintiffs' decedent for a gunshot wound to the inner right thigh. An autopsy report later revealed that in addition to the thigh wound, which lacerated the decedent's right femoral artery, the decedent had also suffered a second, untreated...

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