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Moore v. St. James Health Care Ctr., LLC
Citations: 141 A.D.3d 701; 35 N.Y.S.3d 464Docket: 2014-07437
Court: Appellate Division of the Supreme Court of the State of New York; July 27, 2016; New York; State Appellate Court
Original Court Document: View Document
In Moore v. St. James Health Care Center, LLC, the Appellate Division of the Supreme Court of New York addressed an appeal by Patricia Moore regarding the dismissal of her claims against St. James Health Care Center. The court affirmed the lower court’s orders, which had granted the defendant summary judgment for claims of negligence and deprivation of rights under Public Health Law § 2801-d, and dismissed the medical malpractice claim as time-barred. The plaintiff’s decedent, an 83-year-old man with various health issues, had been a resident at the facility for two weeks in June 2003, during which he allegedly sustained injuries. The court emphasized that determining whether a claim is based on medical malpractice or simple negligence hinges on the nature of the duty breached. A duty related to the physician-patient relationship typically constitutes medical malpractice, while duties not connected to medical treatment may be considered simple negligence. The appeal of the order dated May 22, 2014, was dismissed due to the termination of the right to a direct appeal upon judgment entry. The judgment from June 17, 2014, effectively dismissed the complaint and awarded costs to the defendant. The Supreme Court ruled that the negligence claim against the defendant, apart from the unmeritorious claim regarding failure to protect the decedent from falling, was classified as medical malpractice and therefore subject to a 2½-year statute of limitations under CPLR 214-a. Additionally, liability under the Public Health Law for deprivation of patient rights requires proof of injury caused by the defendant's actions, with a three-year statute of limitations applicable. The defendant successfully demonstrated its entitlement to judgment by showing that the decedent's injuries were not caused by any negligence of its employees. The plaintiff's expert affidavits were deemed insufficient, consisting of conclusory and unsubstantiated claims regarding regulatory violations, failing to establish a triable issue of fact. Consequently, the court granted the defendant's motion for summary judgment, dismissing the negligence and Public Health Law claims, and ruled in favor of the defendant.