Cupelli v. Lawrence HospitalCupelli v. Lawrence Hospital
Plaintiff alleges that malpractice was committed in defendant Lawrence Hospital‘s emergency room (ER) by one of its ER physicians and by defendant Dr. Provenzano, who had been plaintiff‘s long-time primary care physician and who came to the ER in response to a call from the treating ER physician; plaintiff also alleges additional malpractice by Dr. Provenzano in a follow-up visit in his office three days later. The only reference in plaintiff‘s expert‘s affirmation to Dr. Provenzano states that “[a] note appears in the [hospital] records that [the ER physician] discussed the case with Dr. Provenzano.” As such affirmation simply does not address the medical evidence and opinion contained in Dr. Provenzano‘s expert‘s affirmation, the prima facie sufficiency of which is clear and indeed not challenged by plaintiff on appeal, no issues of fact are raised as to Dr. Provenzano‘s malpractice. Similarly, plaintiff‘s expert‘s affi-
Friedman, J.P., Catterson, Acosta, DeGrasse and Abdus-Salaam, JJ.
Plaintiff alleges that malpractice was committed in defendant Lawrence Hospital‘s emergency room (ER) by one of its ER physicians and by defendant Dr. Provenzano, who had been plaintiff‘s long-time primary care physician and who came to the ER in response to a call from the treating ER physician; plaintiff also alleges additional malpractice by Dr. Provenzano in a follow-up visit in his office three days later. The only reference in plaintiff‘s expert‘s affirmation to Dr. Provenzano states that “[a] note appears in the [hospital] records that [the ER physician] discussed the case with Dr. Provenzano.” As such affirmation simply does not address the medical evidence and opinion contained in Dr. Provenzano‘s expert‘s affirmation, the prima facie sufficiency of which is clear and indeed not challenged by plaintiff on appeal, no issues of fact are raised as to Dr. Provenzano‘s malpractice. Similarly, plaintiff‘s expert‘s affi-
Friedman, J.P., Catterson, Acosta, DeGrasse and Abdus-Salaam, JJ.