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Spiller v. Winthrop Univ. Hospital

Issues of Fact Exist as to Whether Hospitals Alleged Failure Proximately Caused Death

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The following papers having been read on this motion:Notice of Motion, Affidavits, & Exhibits             1, 2, 3Answering AffidavitsReplying AffidavitsBriefs: Plaintiff’s / Petitioner’sDefendant’s / Respondent’s

*1 Upon the foregoing papers, the motion (sequence number 002) by defendants North Shore University Hospital Center for Extended Care and Rehabilitation et al (“North Shore”), the motion (sequence 003) by defendants Winthrop University Hospital and Elliot Row, M.D., and the motion (sequence number 004) by defendant Baghdassarian Bagdig, M.D. for an order pursuant to CPLR 3212, dismissing the complaint against the defendants and granting summary judgment in their favor, are consolidated for disposition and decided as follows:This is an action to recover damages for the personal injuries sustained by decedent Loretta Conroy as a result of the purported medical malpractice committed by the defendants for their collective and individual failure to properly and timely diagnose and treat the decedent. The departures from good and accepted medical practice claimed by the plaintiff were set in motion when the decedent tripped at home over her husband’s oxygen tube and was brought to defendant Winthrop University Hospital on July 31, 2012, complaining of left hip pain. The decedent was admitted on August 1 and diagnosed with abrasions, ecchymosis, and a left hip dislocation; a closed reduction of the decedent’s left leg was subsequently performed by defendant Dr. Row, and her lower left leg was placed in an immobilizer. Plaintiff claims that the decedent was given morphine

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