Lipe v. Albany Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from that part of an order of the Supreme Court (Kramer, J.), entered November 9, 2010 in Schenectady County, which partially denied defendant’s motion for summary judgment dismissing the complaint.
In February 2006, plaintiff underwent a colonoscopy at defendant, Albany Medical Center, performed under sedation. She suffers from several medical conditions, including multiple sclerosis, and walks with a quad cane. In the recovery area following the procedure, plaintiff allegedly made multiple requests for either a bedpan or assistance in getting to the bathroom, but her requests were…
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