Minelli v. Good Samaritan Hospital
Court: Appellate Division of the Supreme Court of the State of New York; March 28, 1995; New York; State Appellate Court
In the medical malpractice case, the plaintiff appeals a judgment from the Supreme Court, Suffolk County, which dismissed his complaint after the defendants' motion for judgment during trial was granted due to alleged failure to establish a prima facie case. The appellate court reverses this judgment, denying the defendants' motion and ordering a new trial. The case involves the plaintiff's admission to Good Samaritan Hospital on February 25, 1985, for severe headaches. Dr. Anthony Guida ordered an emergency CAT scan, and subsequently, Dr. Norman Chernik diagnosed a brain tumor. The defendants administered treatments including Mannitol and radiation therapy over the following days. On March 1, 1985, the plaintiff was transferred to University Hospital at Stony Brook, where Dr. George Tyson performed surgery and diagnosed an abscess, removing infected tissue and prescribing antibiotics. Dr. Tyson testified that the defendants' actions—failure to obtain a neurosurgical consultation, improper dosing of Mannitol, lack of monitoring sodium levels and kidney function, and inappropriate radiation therapy—constituted departures from accepted medical practices. He asserted these failures exacerbated the plaintiff's brain swelling and led to a more radical operation, resulting in permanent brain damage. At trial's conclusion, the court found insufficient evidence linking the defendants' actions to the plaintiff's injuries. However, the appellate court determined that the plaintiff provided adequate evidence for a reasonable jury to conclude that the defendants' negligence likely caused the injuries. The judgment is therefore reversed, and the case is remanded for a new trial, with costs to follow the event.