Legal Opinion
King v. St. Barnabas Hospital
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 2011PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Manzanet-Daniels, J.
In this case, involving allegedly negligent resuscitation efforts by a team of first responders, we revisit the vexing question of the degree of certainty necessary to establish legal or proximate cause in a medical malpractice action.
By definition, victims requiring resuscitation are found in grave condition from which the likelihood of recovery may be negligible. These circumstances, however, cannot excuse first responders from all responsibility when they fail to abide by professional standards. Negligent resuscitation attempts — while not a but-for…
2Cases cited4 opinions
- Mortensen v. Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Goldberg v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2010
- Stewart v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- IHS Acquisition No. 131, Inc. v. Crowson, Texas Court of Appeals, 8th District (El Paso)2010
3Cited by12 opinions
- Hernandez v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- De Jesus v. MishraAppellate Division of the Supreme Court of the State of New York · 2012
- Marin v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Almonte v. ShaukatAppellate Division of the Supreme Court of the State of New York · 2022
- Beadell v. Eros Mgt. Reality, LLCAppellate Division of the Supreme Court of the State of New York · 2024
7 more not listed; retrieve them via the Exa API.