BARAHONA v. MARCUS

Index No. 805277/14. Appeal No. 15521. Case No. 2020-04637.

203 A.D.3d 504 (2022)

161 N.Y.S.3d 768

2022 NY Slip Op 01731

Debora Barahona, as Administrator of the Estate of Damian Fortune, Deceased, in Her Capacity as Guardian of Daymia Elizabeth Fortune, Respondent, v. Sergiu Marcus, M.D., et al., Defendants, and Long Island Ambulatory Surgery Center, LLC, et al., Appellants.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York ( Samantha E. Quinn of counsel), for Long Island Ambulatory Surgery Center, LLC, appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.


The record presents issues of material fact as to whether LIASC departed from good and accepted medical practice by permitting plaintiff's decedent to undergo surgery at its facility that did not have the equipment to convert to general anesthesia and by lacking a plan for transferring patients to a facility that could provide general anesthesia. Defendant is an ambulatory surgical center located on Long Island. Plaintiff was scheduled to have eye surgery to correct a detached...

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