ROTANTE v. NEW YORK PRESBYTERIAN HOSPITAL

9649, 308437/10.

175 A.D.3d 1142 (2019)

107 N.Y.S.3d 289

2019 NY Slip Op 06457

Donna Rotante, Appellant, v. New York Presbyterian Hospital-New York Weill Cornell Medical Center, Respondent, et al., Defendants.

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

Decided September 10, 2019.


Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale (Annette G. Hasapidis of counsel), for appellant.

Heidel, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for respondent.

Concur—Sweeny, J.P., Manzanet-Daniels, Kapnick, Oing, Singh, JJ.


In this wrongful death action, plaintiff alleges that defendant's medical personnel failed to properly treat and diagnose the decedent during an emergency department (ED) visit at defendant hospital, leading to his death three days later. At the time of decedent's visit, a laboratory facility (not affiliated with defendant) had failed to inform him that as of five days prior, he had tested positive for Methicillin Sensitive Staphylococcus Aureus (MSSA), a bacterial staph...

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