Friday, March 15, 2013

Summary judgment in a medical malpractice action, and a hospital's vicarious liability.

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.