BURNETT-JOSEPH v. McGRATH

5729. 304761/11.

158 A.D.3d 526 (2018)

71 N.Y.S.3d 413

2018 NY Slip Op 01137

MARION BURNETT-JOSEPH, Respondent, v. BRIAN McGRATH, M.D., et al., Appellants, et al., Defendants.

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

Decided February 15, 2018.


The motion court correctly found issues of fact precluding summary judgment. Plaintiff's decedent was brought into St. Barnabas Hospital by the police in an intoxicated and agitated condition. He was then chemically sedated with Valium. Two and one-half hours later, he "flatlined," and, while resuscitative efforts were made, he did not awaken and was declared "brain dead" four days later.

Appellants contend that Dr. McGrath...

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