Torres v. Our Lady of Mercy Medical Center

Appellate Division of the Supreme Court of New York

Torres v. Our Lady of Mercy Medical Center

12 A.D.3d 163, 783 N.Y.S.2d 470, 2004 N.Y. App. Div. LEXIS 13049

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

DecidedNovember 4, 2004

StatusPublished

This text of 12 A.D.3d 163 (Torres v. Our Lady of Mercy 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

Torres v. Our Lady of Mercy Medical Center, 12 A.D.3d 163, 783 N.Y.S.2d 470, 2004 N.Y. App. Div. LEXIS 13049 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered September 29, 2003, which granted defendants’ motion and cross motion for summary judgment, unanimously affirmed, without costs.

Decedent died of eclampsia, which occurred during or immediately after cesarean childbirth. In opposing the motions for summary judgment, plaintiff failed to offer sufficient evidence to demonstrate a triable issue of fact as to whether death may have been caused by defendants’ failure to provide adequate medical care and treatment, or failure to alert the patient as to the seriousness of pre-eclampsia (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

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Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered September 29, 2003, which granted defendants’ motion and cross motion for summary judgment, unanimously affirmed, without costs.

Decedent died of eclampsia, which occurred during or immediately after cesarean childbirth. In opposing the motions for summary judgment, plaintiff failed to offer sufficient evidence to demonstrate a triable issue of fact as to whether death may have been caused by defendants’ failure to provide adequate medical care and treatment, or failure to alert the patient as to the seriousness of pre-eclampsia (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

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Bluebook (online)

12 A.D.3d 163, 783 N.Y.S.2d 470, 2004 N.Y. App. Div. LEXIS 13049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-our-lady-of-mercy-medical-center-nyappdiv-2004.

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