M.H., an infant, by his mother and natural guardian, Shanique B., and Shanique B., individually v. Magdi E. Sayegh, M.D., Adel E. Chouchani, M.D., and Chouchani, Sayegh & Bagnarello, M.D., LLP, et al.
Attorneys and Parties
Brief Summary
Medical malpractice; appellate review of partial denial of summary judgment.
The Supreme Court, Erie County, denied in part the defendants-appellants’ motion for summary judgment, allowing some malpractice claims to proceed.
The partial denial of summary judgment; the Appellate Division reversed and granted the motion in full, dismissing the complaint against the appellants.
For the reasons stated in the companion appeal’s memorandum decision, the defendants established entitlement to summary judgment and the plaintiffs failed to raise a triable issue of fact.
Background
Plaintiffs commenced a medical malpractice action arising from obstetrical/gynecological care. The defendant physicians and their practice moved for summary judgment. The trial court denied the motion in part, and defendants appealed. This appeal (No. 2) is decided on the same reasoning as the companion appeal in M.H. v Sayegh (appeal No. 1), which controls the outcome.
Lower Court Decision
Supreme Court, Erie County (John B. Licata, J.) denied in part defendants-appellants’ motion for summary judgment in the medical malpractice action.
Appellate Division Reversal
The Appellate Division unanimously reversed on the law, without costs, granted the motion for summary judgment in its entirety, and dismissed the complaint against the defendants-appellants, expressly adopting the same memorandum as in the companion appeal.
Legal Significance
Confirms that, in medical malpractice actions, where defendants submit sufficient proof to establish a prima facie entitlement to summary judgment, the burden shifts to plaintiffs to raise a triable issue; absent such a showing, partial denials of summary judgment will be reversed and the complaint dismissed. The decision also illustrates reliance on a companion appeal’s memorandum where the issues and parties substantially overlap.
A partial denial of summary judgment in a medical malpractice case can be reversed where defendants’ evidentiary showing is unrebutted; here, the Appellate Division granted full summary judgment and dismissed the complaint based on the reasoning in the companion appeal.