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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 from the U.S. District Court for the Northern District of New York that favored A.O. Fox Memorial Hospital, Dr. Charles Rocci, and Dr. Rodolfo Ongjoco, while denying her cross-motion for summary judgment. The court reviews summary judgment de novo, determining whether there are genuine issues of material fact and whether the moving party is entitled to judgment as a matter of law. Hogan claims violations of her Fourteenth Amendment rights under 42 U.S.C. § 1983 due to her involuntary commitment for emergency psychiatric care and also asserts a medical malpractice claim under New York law. To succeed on her § 1983 claims, Hogan must demonstrate that the defendants are state actors, which requires showing state compulsion, a close nexus to state conduct, or that the private conduct is traditionally a state prerogative. The court finds that both Fox Hospital and Dr. Ongjoco, being private entities, do not meet any criteria for state action, affirming the judgment in their favor despite Hogan’s factual distinctions from a precedent case, Okunieff. Dr. Rocci's status as a potential state actor is more ambiguous, as he serves as both a private physician and a medical designee for the county. Even if considered a state actor, Hogan's claims against him are deemed meritless. For her equal protection claim, she must prove differential treatment due to intentional discrimination, but she fails to provide evidence of disparate treatment of similarly situated individuals. For her due process claim, which requires showing deprivation of a property or liberty interest without adequate process, Hogan argues that the defendants did not personally examine her before recommending her commitment. However, she does not present evidence regarding accepted medical practices relevant to such recommendations, which is necessary for her argument to succeed. Substantive due process claims have been waived as they are not present in the operative complaint, nor does Hogan provide a clear argument on appeal. Consequently, the dismissal of Hogan’s constitutional claims against Dr. Rocci is affirmed. Hogan also alleged medical malpractice due to her involuntary commitment without a personal examination. Under New York law, a medical malpractice plaintiff must demonstrate (1) the applicable standard of care, (2) a breach of that standard by the defendant, and (3) that the breach caused the injury. Expert medical evidence is generally required to establish the standard of care unless the malpractice is evident. Hogan did not present any expert testimony regarding the standard of care, while the defendants provided expert evidence supporting their adherence to proper medical practices. Additionally, Hogan did not show that any alleged malpractice was the proximate cause of her injury. Thus, her malpractice claim was appropriately dismissed, and the district court's judgment is upheld.