DeAngelis v. New York University Medical Center

Appellate Division of the Supreme Court of New York

DeAngelis v. New York University Medical Center

292 A.D.2d 237, 738 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 2897

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

DecidedMarch 19, 2002

StatusPublished

Cited by2 cases

This text of 292 A.D.2d 237 (DeAngelis v. New York University Medical Center) 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

DeAngelis v. New York University Medical Center, 292 A.D.2d 237, 738 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 5, 2000, which, in a medical malpractice action arising out of the same surgical procedure performed on successive days on twin sisters for the same medical condition, granted defendants’ motion to sever plaintiffs’ claims, unanimously affirmed, without costs.

Plaintiffs’ claims were correctly severed, notwithstanding the common issue as to whether it was malpractice to perform a proctocolectomy with ileoanal anastomosis by keeping a patient in the lithotomy position throughout the entire procedure for more than six hours, in view of the predominance of differing facts that may bear on the issue of malpractice, including [238]*238significantly different medical histories, and defendant surgeon’s performance of the second surgery with knowledge of the complications that arose after the first (see, Bender v Underwood, 93 AD2d 747).

The latter circumstance has particular potential for prejudicing defendants. Concur — Williams, P.J., Andrias, Buckley and Rosenberger, JJ.

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Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 5, 2000, which, in a medical malpractice action arising out of the same surgical procedure performed on successive days on twin sisters for the same medical condition, granted defendants’ motion to sever plaintiffs’ claims, unanimously affirmed, without costs.

Plaintiffs’ claims were correctly severed, notwithstanding the common issue as to whether it was malpractice to perform a proctocolectomy with ileoanal anastomosis by keeping a patient in the lithotomy position throughout the entire procedure for more than six hours, in view of the predominance of differing facts that may bear on the issue of malpractice, including [238]*238significantly different medical histories, and defendant surgeon’s performance of the second surgery with knowledge of the complications that arose after the first (see, Bender v Underwood, 93 AD2d 747).

The latter circumstance has particular potential for prejudicing defendants. Concur — Williams, P.J., Andrias, Buckley and Rosenberger, JJ.

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Bluebook (online)

292 A.D.2d 237, 738 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deangelis-v-new-york-university-medical-center-nyappdiv-2002.

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