COLE v. CHAMPLAIN VALLEY PHYSICIANS' HOSP. MED. CTR.

517130.

116 A.D.3d 1283 (2014)

984 N.Y.S.2d 225

2014 NY Slip Op 2654

ELIZABETH A. COLE, Individually and as Administrator of the Estate of EDWIN E. COLE SR., Deceased, Respondent, v. CHAMPLAIN VALLEY PHYSICIANS' HOSPITAL MEDICAL CENTER et al., Appellants.

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

Decided April 17, 2014.


McCarthy, J.

Edwin E. Cole Sr. (hereinafter decedent) was admitted to a hospital maintained by defendant Champlain Valley Physicians' Hospital Medical Center (hereinafter CVPH) with complaints of a chronic cough that had begun to produce bloody sputum. A CT scan of decedent's chest revealed fluid collection in the division between the upper and lower lobes of his left lung. An attempt to drain the fluid was unsuccessful and resulted in a collapsed lung. Defendant...

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