Pencola v. Stefanich
Court: Appellate Division of the Supreme Court of the State of New York; November 18, 1997; New York; State Appellate Court
Order reversed unanimously without costs, granting Park Ridge Hospital's motion and dismissing the complaint against it. The plaintiff underwent peripheral nerve surgery on November 5, 1990, performed by Dr. Raymond J. Stefanich at Park Ridge Hospital. Following the surgery, which allegedly resulted in permanent disability, the plaintiff sued both Dr. Stefanich and Park Ridge for medical malpractice and lack of informed consent. A third claim against Park Ridge alleged failure to supervise Dr. Stefanich. The Supreme Court initially dismissed the first two claims against Park Ridge but denied the dismissal of the third claim, citing a factual dispute regarding Dr. Stefanich's authorization to perform the surgery. However, the appellate court found that Park Ridge provided sufficient evidence that Dr. Stefanich's medical privileges covered all orthopedic surgeries, including peripheral nerve surgery. The hospital's former medical director confirmed this in deposition testimony, establishing that the surgery fell within his authorized capabilities. The plaintiff's opposition, which included a hospital form lacking a checkmark for "Peripheral Nerve Surgery," did not create a genuine issue of material fact. The form did indicate that all categories of orthopedic surgery were authorized, including hand and extremity surgery, under which peripheral nerve surgery was classified. Therefore, the appellate court ruled that the lower court should have granted Park Ridge's motion in full and dismissed all claims against it.