Chemnitz v. Livreri

Appellate Division of the Supreme Court of New York

Chemnitz v. Livreri

79 A.D.2d 627, 433 N.Y.S.2d 628, 1980 N.Y. App. Div. LEXIS 13976

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1980

StatusPublished

Cited by1 cases

This text of 79 A.D.2d 627 (Chemnitz v. Livreri) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chemnitz v. Livreri, 79 A.D.2d 627, 433 N.Y.S.2d 628, 1980 N.Y. App. Div. LEXIS 13976 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a medical malpractice action, defendant Smithtown General Hospital appeals from an order of the Supreme Court, Suffolk County, dated August 27, 1979, which denied its objection to the convening of a medical malpractice panel hearing as to the hospital. Order affirmed, with $50 costs and disbursements. Appellant’s time to comply with the directive of the Clerk of the Supreme Court, Suffolk County, dated July 26,1979, is extended until 30 days after service upon it of a copy of the order to be made hereon, together with notice of entry thereof. Plaintiff’s allegations that the staff of the defendant hospital failed to comply with the directive of the attending physician to monitor the decedent’s vital signs every four hours and to perform a specified medical test, are sufficient to present a colorable claim of malpractice. Consequently, a hearing before a medical malpractice panel was appropriately directed by the court (see Bamert v Central Gen. Hosp., 77 AD2d 559; Collins v New York Hosp., 49 NY2d 965). Hopkins, J. P., Lazer, Cohalan and Weinstein, JJ., concur

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In a medical malpractice action, defendant Smithtown General Hospital appeals from an order of the Supreme Court, Suffolk County, dated August 27, 1979, which denied its objection to the convening of a medical malpractice panel hearing as to the hospital. Order affirmed, with $50 costs and disbursements. Appellant’s time to comply with the directive of the Clerk of the Supreme Court, Suffolk County, dated July 26,1979, is extended until 30 days after service upon it of a copy of the order to be made hereon, together with notice of entry thereof. Plaintiff’s allegations that the staff of the defendant hospital failed to comply with the directive of the attending physician to monitor the decedent’s vital signs every four hours and to perform a specified medical test, are sufficient to present a colorable claim of malpractice. Consequently, a hearing before a medical malpractice panel was appropriately directed by the court (see Bamert v Central Gen. Hosp., 77 AD2d 559; Collins v New York Hosp., 49 NY2d 965). Hopkins, J. P., Lazer, Cohalan and Weinstein, JJ., concur

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Bluebook (online)

79 A.D.2d 627, 433 N.Y.S.2d 628, 1980 N.Y. App. Div. LEXIS 13976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chemnitz-v-livreri-nyappdiv-1980.

Opinion

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