Vails v. Wojtaszczyk

Summary

The Appellate Division, First Department affirmed the denial of Providence Rest Nursing Home Company, Inc.'s motion for summary judgment in a medical malpractice action involving treatment of hyperkalemia and continued administration of lisinopril. The court held that plaintiff's expert rebutted Providence's prima facie showing and that challenges to the expert's qualifications and factual assumptions presented issues for trial.

Holdings

1. Providence was not entitled to summary judgment because plaintiff's expert directly rebutted Providence's prima facie showing and raised a triable issue concerning whether Providence should have withheld lisinopril after the decedent became hyperkalemic.
2. The qualification issue had to be left for trial because plaintiff's expert averred that the expert had knowledge and experience treating patients with hyperkalemia, elevated laboratory levels, and angiotensin-converting enzymes including lisinopril.

Questions Presented

1. Whether Providence established entitlement to summary judgment on the medical negligence claim.
2. Whether plaintiff's expert's opinion was sufficiently supported by the record to raise a triable issue of fact.
3. Whether plaintiff's expert was qualified to offer an opinion regarding treatment of hyperkalemia and the use of lisinopril.

Disposition

affirmed