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Hogan v. A.O. Fox Memorial Hospital
Citation: 346 F. App'x 627Docket: No. 08-5315-cv
Court: Court of Appeals for the Second Circuit; September 18, 2009; Federal Appellate Court
Loren Hogan appeals a summary judgment order from the U.S. District Court for the Northern District of New York that favored defendants A.O. Fox Memorial Hospital, Dr. Charles Rocci, and Dr. Rodolfo Ongjoco, while denying her cross-motion for summary judgment. Hogan claims the defendants violated her Fourteenth Amendment rights under 42 U.S.C. § 1983 by involuntarily committing her for emergency psychiatric care and also brings a medical malpractice claim under New York law. To succeed on her § 1983 claims, Hogan must prove that the defendants are state actors. The court applies a de novo review standard and asserts that private conduct can be attributed to the state under specific criteria, none of which apply to the private hospital and physician involved in this case. Although Hogan attempts to distinguish her case from precedent (Okunieff v. Rosenberg), the court finds the factual differences immaterial for the state-action analysis, affirming the judgment for these defendants. Dr. Rocci's status as a potential state actor is more complex since he is both a private physician and a medical designee for the county. However, even if considered a state actor, Hogan's claims against him lack merit. To establish an equal protection claim, Hogan must show intentional discrimination, but she does not provide evidence of differential treatment. For her due process claim, Hogan must demonstrate a deprivation of a property or liberty interest without sufficient process. The court notes that due process in involuntary commitment cases is met if actions align with accepted medical practices, but Hogan fails to present evidence supporting her argument that the defendants did not examine her personally before recommending her commitment. Thus, her claims do not meet the necessary legal standards. Substantive due process claims by Hogan have been waived, as they are absent from the operative complaint and not articulated on appeal. The dismissal of Hogan’s constitutional claims against Dr. Rocci is affirmed. Hogan's medical malpractice claim alleges that the defendants involuntarily committed her without prior personal examination. Under New York law, to establish medical malpractice, a plaintiff must demonstrate: (1) the standard of care, (2) a breach of that standard, and (3) that the breach caused the injury. Expert medical evidence is typically required to establish the standard of care unless the malpractice is evident. Hogan did not provide expert testimony, while defendants presented expert evidence supporting their adherence to accepted medical practices. Additionally, Hogan failed to show that any alleged malpractice was the proximate cause of her injury. Therefore, her malpractice claim was rightly dismissed. The district court's judgment is affirmed, as Hogan's remaining arguments lack merit.