Pagano v. Genesee Hospital, Inc.

Order unanimously affirmed with costs. Memorandum: Defendant appeals from an order which upheld a liability verdict in favor of plaintiff on plaintiff’s claim that defendant was negligent and/or guilty of medical malpractice *957in allowing plaintiffs decedent to fall out of her hospital bed. Defendant contends that the court erred in vacating the decision of the medical malpractice panel and allowing the case to go to the jury instead of declaring a mistrial and directing that the case be remitted to a new medical malpractice panel. We conclude that the court properly vacated the decision of the…