Bouchey v. Claxton-Hepburn Medical Center

Appeal from an order of the Supreme Court (Demarest, J.), entered December 6, 2012 in St. Lawrence County, which denied plaintiffs’ motion to set aside a verdict in favor of defendant.

Plaintiff Susan Bouchey (hereinafter plaintiff) and her husband, derivatively, brought this action alleging that plaintiff sustained injuries during a mammogram at defendant hospital. Following a bifurcated trial on liability, a jury found that defendant had departed from accepted medical care during the mammogram. However, the jury further determined that such departure was not a proximate cause of plaintiff’s…