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Glass v. Rochester General Hospital
Citations: 74 A.D.2d 732; 425 N.Y.S.2d 698; 1980 N.Y. App. Div. LEXIS 10425
Court: Appellate Division of the Supreme Court of the State of New York; February 19, 1980; New York; State Appellate Court
Order affirmed unanimously, with costs awarded. Plaintiffs' intestate was admitted to Rochester General Hospital on July 1, 1976, for a caesarian section but did not regain consciousness post-surgery, passing away in the ICU on July 9, 1976. The plaintiff initiated a malpractice lawsuit against the hospital, obstetricians, and anesthesiologists. The hospital appealed a Special Term order allowing further examination before trial, specifically permitting the deposition of Dr. Umansky, an ICU employee, regarding his hospital record entry suggesting the patient experienced aspiration leading to hypoxic cerebral injury. The court affirmed the Special Term's ruling, allowing the plaintiff to question Dr. Umansky about his medical opinion on the deceased's condition and the underlying medical rationale. The court emphasized that the plaintiff is entitled to access all evidence deemed material for the case, as outlined in CPLR 3101, subdivision (a). Evidence concerning the decedent's post-surgery condition is pertinent to the claims, particularly regarding the alleged negligence in not inserting an endotracheal tube during surgery. While the defendant argued that Dr. Umansky lacked qualifications to opine on anesthesiology or obstetrics, the court clarified that the examination was not aimed at obtaining expert opinions on standard practices in those fields but rather focused on the treatment Dr. Umansky provided. His insights might also relate to the actions of other medical personnel but do not preclude his examination. The appeal from the order of Monroe Supreme Court was addressed, with the panel consisting of Simons, J.P., Schnepp, Callahan, Doerr, and Moule, JJ.