Lanzetta v. Montefiore Med. Ctr.
Docket: Index No. 27712/19E Appeal No. 16701-,16701A-,16701B Case No. 2021-01401, 2021-03674
Court: Appellate Division of the Supreme Court of the State of New York; November 16, 2022; New York; State Appellate Court
Original Court Document: View Document
In Lanzetta v. Montefiore Medical Center, the Appellate Division, First Department, reversed prior court rulings regarding medical malpractice claims against Montefiore Medical Center and Dr. Robert Potenza, reinstating the plaintiff's complaint. The case involves Joseph Lanzetta, acting as executor of his deceased father Pasquale Lanzetta's estate, who alleges that the defendants failed to adhere to the decedent's wishes as outlined in various health care proxies and a living will. Pasquale Lanzetta had established a living will in 1993, directing that in the event of terminal illness, treatment should focus on comfort, and he declined life-prolonging measures. However, in 2016, he executed a new health care proxy that contradicted his earlier directives by instructing his agent to "use any means necessary to save [his] life." In April 2017, a "Forgoing Life-Sustaining Treatment" form was signed by his son and the attending physician, indicating a desire for no resuscitation. The court identified unresolved factual issues regarding which health care directive was in effect at the time of treatment, whether the 2016 proxy had been revoked, and whether the treatments administered post-April 15, 2017, were consistent with the decedent's wishes. The lack of expert affidavits from both parties regarding the impact of the treatment on the decedent's life further complicated the case. The ruling emphasized that these ambiguities precluded summary judgment, warranting a full examination of the facts in a trial setting. The appeal from a prior order was dismissed as subsumed within the appeal of the judgment. The decision was officially entered on November 17, 2022.