Nyhlen v. Millard Fillmore Hospitals

—Order unanimously affirmed without costs. Memorandum: Stephen J. Gawronski, M.D. (defendant), a vascular surgeon, was contacted by telephone to consult on the course of treatment for plaintiffs decedent, a patient whom he had never seen, and agreed to perform a surgical procedure to address a pulmonary embolism. Defendant contacted Millard Fillmore Hospital to schedule a time for the surgery but was advised that no operating rooms were available. Before an operating room became available, plaintiffs decedent died. Defendant never saw the patient, or went to the hospital that day. He was…