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Marsh v. Arnot Ogden Medical Center

91 A.D.3d 1070, 937 N.Y.S.2d 383 (2012)

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Marsh v. Arnot Ogden Medical Center

Supreme Court of New York, Appellate Division, 3rd Department

91 A.D.3d 1070, 937 N.Y.S.2d 383 (2012)

Facts

Leslie Marshall was a patient in a hospital owned and operated by Arnot Ogden Medical Center (AOMC) (defendant). Jane Doe (defendant), a registered nurse, wrongfully injected Marshall with an insulin-reducing medication that had not be prescribed or ordered by a treating physician. After learning of the mistake, Doe contacted the attending physician, Renee Abderhalden-Friend, M.D., at home. Abderhalden-Friend instructed Doe to monitor Marshall’s glucose level every two hours. Early the following morning, Abderhalden-Friend instructed AOMC staff by phone to discontinue the monitoring. However, Dr. Abderhalden-Friend did not personally examine Marshall at the hospital. Marshall died shortly thereafter. An autopsy revealed that Marshall’s cause of death was attributed to the administration of the medication. Debra Marsh (plaintiff), as executor of the estate of Marshall, filed a negligence and medical malpractice suit against AOMC, Doe, and Dr. Abderhalden-Friend, among others. Included in her complaint was a claim to be awarded punitive damages. Dr. Abderhalden-Friend moved to dismiss the punitive damages claim against her pursuant to state law while AOMC and Doe filed a motion for partial summary judgment to dismiss the punitive damages claims against them. The Supreme Court granted defendants’ motions. Marsh appealed.

Rule of Law

Issue

Holding and Reasoning (Garry, J.)

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