Buchanan v. Hesse, 21-649-cv

Background

Cydney Buchanan died while receiving residential substance-abuse treatment at Arms Acres in Carmel, NY; her parents (Christopher and Lauri Buchanan) sued on behalf of her estate.
All defendants except Arms Acres’ medical director, Dr. Frederick R. Hesse, settled; Hesse moved for summary judgment in June 2020.
Hesse argued he did not depart from accepted medical practice, had no doctor–patient relationship with Cydney, and that nursing staff responsibility did not require escalation to a physician for her pre-death vomiting.
Plaintiffs claimed Hesse negligently supervised staff as medical director and failed to ensure CPR training and access to emergency equipment.
The District Court granted summary judgment for Hesse, finding no departure from accepted practice and no genuine dispute that Hesse lacked a doctor–patient relationship or responsibility for the relevant nursing decisions; the Buchanans appealed.
The Second Circuit affirmed, holding plaintiffs failed to present admissible expert evidence creating a triable issue on malpractice, supervision liability, breach, or causation.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Medical-malpractice summary judgment standard	Buchanan: Hesse breached accepted medical practice as medical director, causing death	Hesse: No departure from accepted practice; expert supports no negligence	Affirmed — Hesse met his burden; plaintiffs lacked admissible expert showing departure and causation
Doctor–patient relationship requirement	Buchanan: Liability can attach even without personal contact via supervisory failures	Hesse: No doctor–patient relationship with Cydney; supervising role alone insufficient absent negligent act	Affirmed — no triable dispute that Hesse lacked a doctor–patient relationship and plaintiffs pointed to no negligent supervisory act attributable to him
Supervisory liability for medical director	Buchanan: Hesse failed to supervise clinical and nonmedical staff and failed to oversee medical services	Hesse: No record evidence he oversaw the night staff or was responsible for nursing decisions; nursing could treat vomiting without physician involvement	Affirmed — plaintiffs produced no evidence Hesse oversaw the staff responsible or committed a negligent omission that caused death
Negligence (CPR training/equipment)	Buchanan: Hesse failed to ensure staff trained in CPR and failed to provide/maintain emergency equipment	Hesse: Nursing department (not his domain) was responsible for equipment and CPR; no evidence CPR or equipment failure caused death	Affirmed — record contained no evidence of breach or that any alleged breach substantially caused death

Key Cases Cited

Tardif v. City of New York, 991 F.3d 394 (2d Cir. 2021) (de novo review of summary judgment)
Buchanan for Buchanan v. Hesse, 521 F. Supp. 3d 348 (S.D.N.Y. 2021) (district court opinion granting summary judgment)
Attia v. Klebanov, 143 N.Y.S.3d 408 (2d Dep’t 2021) (malpractice defendant entitled to summary judgment if no departure or no proximate cause)
Roques v. Noble, 899 N.Y.S.2d 193 (1st Dep’t 2010) (plaintiff must present medical expert showing departure and proximate causation)
Anyie B. v. Bronx Lebanon Hosp., 5 N.Y.S.3d 92 (1st Dep’t 2015) (expert must link alleged malpractice to the harm)
Lee v. City of New York, 560 N.Y.S.2d 700 (2d Dep’t 1990) (doctor–patient relationship generally prerequisite for malpractice recovery)
Ellis v. Brookdale Hosp. Med. Ctr., 504 N.Y.S.2d 189 (2d Dep’t 1986) (no liability for medical department director absent proof of negligent act or omission by him)
Arkin v. Gittleson, 32 F.3d 658 (2d Cir. 1994) (proximate-cause requirement in medical malpractice)
DiMitri v. Monsouri, 754 N.Y.S.2d 674 (2d Dep’t 2003) (same)
Pasternack v. Lab’y Corp. of Am. Holdings, 807 F.3d 14 (2d Cir. 2015) (elements of negligence under New York law)
Pasternack v. Lab’y Corp. of Am. Holdings, 27 N.Y.3d 817 (2016) (New York Court of Appeals on negligence elements)