Campisi v Lutheran Medical Center
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Attorneys and Parties
Brief Summary
Medical malpractice involving alleged failure by a hospital and attending physician to timely diagnose and treat a colon perforation and related abdominal condition.
The Supreme Court, Kings County, denied the branches of the separate summary judgment motions filed by Steven Athanail and Lutheran Medical Center seeking dismissal of the medical malpractice claim against each of them.
The Appellate Division reversed the amended order insofar as appealed from and granted summary judgment dismissing the medical malpractice cause of action against Athanail and Lutheran Medical Center.
Although the defendants made prima facie showings that they did not depart from accepted medical practice in diagnosing and treating the plaintiff during her May 1 to May 4, 2016 admission, the plaintiff's opposing expert affirmation was deemed conclusory and speculative, particularly on the claim that an exploratory laparotomy or laparoscopy should have been performed, and it failed to specifically rebut the defense experts' record-based opinions.
Background
On May 1, 2016, Marie Campisi, who had a history of Clostridioides difficile (C. difficile) colitis and diverticulitis, went to Lutheran Medical Center with abdominal pain and vomiting. A computed tomography (CT) scan showed persistent colonic wall thickening and inflammation involving the distal descending and proximal sigmoid colon, findings consistent with colitis, acute diverticulitis, and possible neoplastic lesion. She was admitted under the care of attending physician Steven Athanail, diagnosed with diverticulitis and recurrent C. difficile colitis, and treated with antibiotics. Her symptoms reportedly improved, and she was discharged on May 4, 2016 pain free, tolerating a regular diet, and without diarrhea or fever. On May 20, 2016, she presented to Maimonides Medical Center, where a CT scan revealed an obstruction at the distal sigmoid colon with perforation, requiring emergency laparotomy and other treatment. She then sued, alleging that Athanail and Lutheran failed to timely diagnose and treat the perforation.
Lower Court Decision
The Supreme Court, Kings County, held that Athanail and Lutheran Medical Center were not entitled to summary judgment on the medical malpractice claim and denied those branches of their separate motions seeking dismissal of that claim.
Appellate Division Reversal
The Appellate Division, Second Department, reversed insofar as appealed from and granted summary judgment to Athanail and Lutheran Medical Center. The court held that the defendants satisfied their initial burden by showing either no departure from accepted standards of care or no proximate causation, and that the plaintiff failed to raise a triable issue of fact because her expert's opinions were speculative, conclusory, and insufficiently responsive to the specific opinions offered by the defense experts.
Legal Significance
The decision reinforces that, in New York medical malpractice cases, a plaintiff opposing summary judgment must submit a detailed, nonconclusory expert affirmation that directly addresses the defendants' expert proof and ties the opinions to specific facts in the record. Merely asserting that additional surgical exploration should have been performed, without a reasoned explanation and record support, is not enough to create a triable issue of fact.
A medical malpractice claim can be dismissed on summary judgment even where the plaintiff offers an expert, if that expert's opinion is speculative, conclusory, or fails to specifically rebut the defense experts' showing that the care met accepted standards.