Lee v. Montefiore Med. Ctr.

Summary

The Appellate Division, First Department reversed the denial of Montefiore Medical Center’s motion for summary judgment and dismissed the direct claims against it. Although plaintiff raised an issue of fact regarding the hospital’s maintenance of a rotablator, the court held that any departure was not a proximate cause or substantial factor in causing the decedent’s injuries because Dr. Shih independently chose to perform additional angioplasty procedures.

Holdings

1. Montefiore established its prima facie entitlement to summary judgment because any alleged departure from accepted practice in maintaining or testing the rotablator was not a proximate cause or substantial factor in causing the decedent's injuries.
2. Montefiore's submission of the device's maintenance records on reply was improper, and the records in any event did not establish that the inspections complied with accepted practice.

Questions Presented

1. Whether Montefiore was entitled to summary judgment on the direct claims despite a factual dispute concerning whether it deviated from the standard of care by failing to ensure that the rotablator was functional.
2. Whether any alleged failure by Montefiore to maintain or test the rotablator was a proximate cause or substantial factor in causing the decedent's injuries.

Disposition

reversed