Scopinich v Brookhaven Memorial Hospital Medical Center, Inc.
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Attorneys and Parties
Brief Summary
Medical malpractice and nursing home liability arising from care allegedly provided to the plaintiff's decedent at a nursing and rehabilitation facility.
The Supreme Court, Suffolk County, denied Brookhaven Health Care Facility, LLC's motion for summary judgment insofar as it sought dismissal of the complaint against it.
The Appellate Division reversed that portion of the order and granted summary judgment dismissing the medical malpractice, wrongful death, negligence, Public Health Law § 2801-d [creates liability for injury to a patient caused by deprivation of a right conferred by contract, statute, regulation, code, or rule, subject to a defense that the facility exercised all care reasonably necessary to prevent and limit the deprivation and injury], and negligence per se claims against Brookhaven Health Care Facility, LLC.
Brookhaven made a prima facie showing through expert proof that it did not depart from accepted medical practice, did not proximately cause the decedent's injuries, and did not violate applicable regulations or any State statute. The plaintiff's opposing expert affirmation was conclusory, speculative, unsupported by the record, and failed to specifically rebut the defense expert's opinions.
Background
In March 2021, the plaintiff commenced this action seeking damages for, among other things, medical malpractice after the decedent allegedly died from negligent care received while a patient at a nursing and rehabilitation facility operated by Brookhaven Health Care Facility, LLC. The claims against that defendant included medical malpractice, wrongful death, negligence, violation of Public Health Law § 2801-d, and negligence per se.
Lower Court Decision
The Supreme Court denied Brookhaven Health Care Facility, LLC's motion for summary judgment insofar as it sought dismissal of the complaint against it, allowing the claims to proceed.
Appellate Division Reversal
The Appellate Division held that Brookhaven's expert affirmation and supporting proof established entitlement to judgment as a matter of law. The court found that the plaintiff failed to raise a triable issue of fact because the plaintiff's expert offered only conclusory and speculative assertions, relied on facts contradicted or unsupported by the record, and did not address the specific opinions of Brookhaven's expert. Because the wrongful death and negligence claims were derivative of the alleged malpractice, those claims also had to be dismissed. The court further held that Brookhaven was entitled to dismissal of the Public Health Law § 2801-d and negligence per se claims because the record did not show any applicable regulatory or statutory violation.
Legal Significance
This decision reinforces that in New York nursing home and medical malpractice cases, a defendant can obtain summary judgment by submitting competent expert proof negating departure, causation, and regulatory or statutory violations. A plaintiff's expert must do more than make generalized accusations; the expert must directly address the defense opinions and tie alleged departures to record-supported facts and causation.
When a healthcare facility supports summary judgment with detailed expert evidence, the plaintiff must respond with a specific, nonconclusory, record-based expert opinion or risk dismissal of malpractice, statutory, and derivative claims.