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Payne v. Rome Mem. Hosp.
Citation: 2019 NY Slip Op 8024Docket: 901 CA 19-00373
Court: Appellate Division of the Supreme Court of the State of New York; November 7, 2019; New York; State Appellate Court
Original Court Document: View Document
In the case of Payne v. Rome Memorial Hospital, the Appellate Division of the Supreme Court of New York modified a lower court's order that had granted the hospital summary judgment and dismissed the complaint. The plaintiffs, Marlo and Daniel Payne, appealed the dismissal following Marlo's injury while attempting to prevent a patient from falling during a transfer involving a Hoyer lift, which was improperly operated by the hospital's staff. The court affirmed the dismissal of the medical malpractice claim due to the absence of a physician-patient relationship, which is necessary to establish legal duty. However, the court found merit in the negligence claim based on the "danger invites rescue" doctrine, which holds that a party can be liable if their actions place another person in imminent peril, prompting a third party to attempt a rescue. The court stated that the evidence did not conclusively show that Marlo's rescue efforts were unreasonable or that her actions constituted a superseding cause of her injuries. Consequently, the court reinstated the negligence claim while affirming the dismissal of the medical malpractice claim. The decision highlights the distinction between medical malpractice liability and negligence under the rescue doctrine.