Practice point: Summary judgment is not appropriate in a medical malpractice action where the parties adduce conflicting medical expert opinions. Such conflicting opinions will raise credibility issues which can only be resolved by a jury.
Student note: A hospital cannot be held concurrently
liable with such a physician unless its employees commit independent
acts of negligence or the attending physician's orders are
contraindicated by normal practice.
Case: Aronov v. Souklary, NY Slip Op 01364 (2d Dept. 2013).
Here is the decision.
Monday's issue:Res ispa.