“ ‘[I]n general, a hospital cannot be held vicariously liable for the negligence of a private attending physician’ … . Further, a hospital cannot be held concurrently liable with such a physician unless its employees commit independent acts of negligence or the attending physician’s orders are contraindicated by normal practice…’ “. Aronov v Soukkary, 2012-00155, Index No 2061/09, Second Dept. 3-6-13
“A written report prepared by a nontestifying doctor interpreting the results of a medical test is not admissible into evidence. …[O]pinion evidence must be based on facts in the record or personally known to the witness …” D’Andria vs Pesce, 2011-03506, Index No. 16320/02 Second Dept. 2-20-13
The Second Department held that plaintiff could not recover for purely emotional damages. The complaint alleged plaintiff’s doctor knew plaintiff was pregnant, but allowed her to undergo a CT-scan without informing her of the pregnancy. Plaintiff sought damages for “the emotional distress arising from her fear that the CT-scan might have harmed her unborn child.” The Second Department determined defendant’s motion to dismiss the complaint should have been granted because “[n]o such claim is recognized under New York law…”. Nadal v Jaramillo, 2012-04006, Index No. 30748/08 Second Dept.1-23-13
In a medical malpractice action, where the plaintiff has a respondeat superior claim against a hospital based on the actions of nonparty physicians, the failure to name the individual doctors upon whom the claim is based within the applicable statute of limitations period does not compel dismissal of the vicarious liability claim against the hospital. Parilla v Buccellato, et al, 2011-09045, Index No. 500001/08 Second Dept. 1-9-13
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