Milton Peynado initiated an action against Woodhull Medical and Mental Health Center and New York City Health and Hospitals Corporation. The case arose from events following his medical treatment. Peynado alleged that he experienced an adverse reaction to contrast materials, which led to dizziness, blurred vision, and a rash. He stated that the medical staff did not provide assistance when he attempted to go to the bathroom, resulting in a fall and subsequent injuries. He also alleged that the medical staff failed to recognize the symptoms of his adverse reaction.
Proceedings in the Supreme Court
The case was first brought before the Supreme Court, Kings County. The defendants sought summary judgment to dismiss the cause of action for medical malpractice. They supported their motion with medical records, transcripts of Peynado's testimony given under General Municipal Law § 50-h, his deposition testimony, and an expert affirmation from a physician certified in cardiology and nuclear cardiology. Their expert opined that there was no deviation from accepted medical practice in treating Peynado and that any alleged deviation was not a proximate cause of his injuries.
The Supreme Court granted the defendants' motion for summary judgment on the medical malpractice cause of action. Peynado appealed this decision.
Appellate Division Review
The Appellate Division reviewed the case. It reiterated that to establish medical malpractice, a party must demonstrate both a departure from accepted medical practice and that such departure was a proximate cause of the injury. For a defendant to succeed in seeking summary judgment, they must show either no deviation from accepted standards or that any deviation was not the cause of injury. Once established, the burden shifts to the opposing party to raise a triable issue of fact, typically through expert opinion addressing the specific assertions made by the defense.
The court found that the defendants had met their initial burden by presenting evidence and expert opinion demonstrating no departure from standard practice and no proximate causation. In contrast, the evidence submitted by Peynado, including an expert affirmation, did not sufficiently address the specific points raised by the defendants' expert. The court determined that his expert's opinions were conclusory and speculative. Portions of the expert’s opinion were also contradicted by the record.
Court’s Decision
The Appellate Division affirmed the Supreme Court’s order granting summary judgment to Woodhull Medical and Mental Health Center and New York City Health and Hospitals Corporation, dismissing Peynado’s medical malpractice claim.
Medical Malpractice Legal Support
If you have experienced issues related to medical malpractice, Whitcomb, Selinsky PC handles cases involving medical errors, negligence, and related claims. Reach out to contact us to learn how our team can assist with your case.
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