Appellate Team Successful in Getting Complaint Dismissed in the First Department
Our Litigation/Appellate Strategy & Advocacy Group obtained a victory in the First Department that unanimously affirmed the dismissal of the complaint against a non-treating physician who was the President and Chief Operating Officer of our hospital client.
The Court agreed with our arguments that, as the complaint alleged medical malpractice only against the treating physicians who participated in the procedure, there was no doctor-patient relationship established with the non-treating physician. Thus, the Court found, plaintiff failed to state a direct claim against him. Nor was he vicariously liable since directors and officers are not subject to liability for the torts of a corporation’s employees simply because of their role. The Court also found no merit to plaintiff’s cross appeal from the order denying his motion for a default on procedural grounds.
Sari Havia handled the underlying successful motion to dismiss and appellate briefing was completed by Chris Simone and Nicholas Tam.