ENG v. NYU HOSPS. CTR.

9494, 156810/14.

172 A.D.3d 645 (2019)

101 N.Y.S.3d 320

2019 NY Slip Op 04288

Dorothy Eng, Respondent, v. NYU Hospitals Center, Appellant.

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

Decided May 30, 2019.


Plaintiff's decedent first presented to defendant in early August 2013 after suffering a fall. Although she was ultimately medically cleared for discharge, one of defendant's physicians expressed concerns for the decedent's safety upon discharge. A psychiatric consultation was ordered, and it was determined that the decedent lacked the capacity to meaningfully participate in her discharge planning. This determination was corroborated by nonparty Martina Eng (Martina)—...

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