Legal Opinion

Shajan v. South Nassau Communities Hospital

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 2012Published

1Opinion of the Court

The Supreme Court properly denied the motion of the defendant Regina E. Hammock for summary judgment dismissing the complaint insofar as asserted against her. The plaintiffs asserted that Hammock’s malpractice arose from her supervision of the medical care provided to the injured plaintiff, Baby Shajan, by the defendant Brian J. Janicek, a physician’s assistant. A physician-patient relationship may be created, and a physician may be held liable for medical malpractice, where a physician is responsible for supervising a health-care professional such as a physician’s assistant, and the…

2Cases cited6 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Caggiano v. CoolingAppellate Division of the Supreme Court of the State of New York · 2012
  3. Barresi v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  4. Cullinan v. PignataroAppellate Division of the Supreme Court of the State of New York · 1999
  5. Sheppard-Mobley v. KingAppellate Division of the Supreme Court of the State of New York · 2004

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