JESSICA TORRES, plf-ap, v. IRENE G. CERGNUL, M.D. def-res, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def

2064. JESSICA TORRES, plf-ap, v. IRENE G. CERGNUL, M.D. def-res, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def — Sanocki Newman & Turret, LLP, New York (David B. Turret of counsel), for ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 21, 2015, which, insofar as appealed from, granted defendants Irene G. Cergnul, M.D. and Bronx-Lebanon Hospital Center's motion for summary judgment dismissing the complaint as against them, reversed, on the law, without costs, and the motion denied.

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2064. JESSICA TORRES, plf-ap, v. IRENE G. CERGNUL, M.D. def-res, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def — Sanocki Newman & Turret, LLP, New York (David B. Turret of counsel), for ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered April 21, 2015, which, insofar as appealed from, granted defendants Irene G. Cergnul, M.D. and Bronx-Lebanon Hospital Center’s motion for summary judgment dismissing the complaint as against them, reversed, on the law, without costs, and the motion denied.

Defendants Dr. Cergnul and Bronx-Lebanon established prima facie that they did not depart from the accepted standard of medical care in diagnosing and treating plaintiff’s 2006 ectopic pregnancy (see Scalisi v. Oberlander, 96 AD3d 106, 120 [1st Dept 2012]). Their expert opined that Dr. Cergnul provided appropriate care when she saw plaintiff on June 6 and ordered a repeat BhCG (a hormone produced during pregnancy) test, that no further tests were necessary that day because plaintiff was stable, and that it was appropriate and proper for the attending doctor at defendant Bronxcare MBD Family Practice Clinic (MBD) on June 7 to receive the laboratory reports, which indicated that the pregnancy was likely resolving by itself. With respect to plaintiff’s June 22 visit to Bronx-Lebanon’s emergency room, where the attending physician told plaintiff that he was too busy to perform diagnostic laparoscopy and would only perform a more invasive procedure, the expert opined that Bronx-Lebanon’s staff fully explained to plaintiff the risks of her signing out against medical advice, and that there was in any event no immediate need for surgical intervention because plaintiff was stable. Defendants’ expert further opined that neither Dr. Cergnul’s treatment nor the performance of a salpingectomy at Bronx-Lebanon on June 23 caused plaintiff’s fallopian tube to rupture.

JESSICA TORRES, plf-ap, v. IRENE G. CERGNUL, M.D. def-res, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def

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