ANITA KATZ, ETC., ap, v. ST. FRANCIS HOSPITAL def, ANDREW BERKE res

ANITA KATZ, ETC., ap, v. ST. FRANCIS HOSPITAL def, ANDREW BERKE res — (INDEX NO. 24283/02)In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered September 8, 2011, as granted that branch of the motion of the defendant Andrew Berke which was pursuant to CPLR 4404(a) to set aside so much of a jury verdict as found that he departed from good and accepted medical practice by failing to properly coordinate the medical care of the decedent during his hospitalization and that the departure was a substantial factor in causing his injury, and, in effect, granted that branch of his motion which was for judgment as a matter of law, and denied those branches of her cross motion pursuant to CPLR 4404(a) which were to set aside so much of the jury verdict as found that the defendant Michael J. Goldstein did not depart from good and accepted medical practice by failing to include intestinal ischemia in his differential diagnosis from July 5, 2000, through July 7, 2000, and that the defendant Andrew Berke did not depart from good and accepted medical practice by failing to include intestinal ischemia in his differential diagnosis from August 6, 2000, through August 15, 2000.

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ANITA KATZ, ETC., ap, v. ST. FRANCIS HOSPITAL def, ANDREW BERKE res — (INDEX NO. 24283/02)In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered September 8, 2011, as granted that branch of the motion of the defendant Andrew Berke which was pursuant to CPLR 4404(a) to set aside so much of a jury verdict as found that he departed from good and accepted medical practice by failing to properly coordinate the medical care of the decedent during his hospitalization and that the departure was a substantial factor in causing his injury, and, in effect, granted that branch of his motion which was for judgment as a matter of law, and denied those branches of her cross motion pursuant to CPLR 4404(a) which were to set aside so much of the jury verdict as found that the defendant Michael J. Goldstein did not depart from good and accepted medical practice by failing to include intestinal ischemia in his differential diagnosis from July 5, 2000, through July 7, 2000, and that the defendant Andrew Berke did not depart from good and accepted medical practice by failing to include intestinal ischemia in his differential diagnosis from August 6, 2000, through August 15, 2000.

ORDERED that the order is affirmed insofar as appealed from, with costs.

ANITA KATZ, ETC., ap, v. ST. FRANCIS HOSPITAL def, ANDREW BERKE res

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