NY: child diagnosed and treated successfully: parents' claim against each defendant dismissed.(Hospital Law Decisions of Note)

CASE FACTS: During the summer of 2000, Victor Forte, a child, began to experience upper respiratory symptoms and was admitted to St. Vincent's Hospital several times and diagnosed with borderline pneumonia. Dr. Burton Banner treated the child as his private pediatrician since 1990. After seeing the child in June 2000, with respiratory complaints, Dr. Banner directed that he go to St. Vincent's Hospital. Dr. Banner then requested an evaluation by Dr. Regina DeCarlo, the private attending pediatric neurologist. Several tests, including CT Scans, chest x-rays and blood work were performed and the child was diagnosed with meningitis and treated with antibiotics. The child was subsequently released and readmitted with similar complaints and diagnosed by Drs. Banner, DeCarlo and Dr. Robert Leggiadro, a specialist in infectious diseases, with viral meningitis. Dr. Marina, as an employee of St. Vincent's only was involved in the child's care as a pediatric resident under the supervision of Dr. Banner. Dr. Marina prepared a consultation sheet for the child and was limited in her care rendered to the child. The child was then released and began treating with a new pediatrician, Dr. Liezl Villa Verde. Dr. Villa Verde first saw the child on July 18, 2000 with complaints of headaches, photophobia and neck rigidity. She recommended that the child be admitted to St. Vincents but the child's mother allegedly refused. The child was seen in Dr. DeCarlo's office the next day. The child was readmitted to St. Vincents, was diagnosed with acute disseminated encephalomyelitis (ADEM) and was treated with steroids. The child began to improve and was discharged on or about August 4, 2000. The child was readmitted to St. Vincent's for a fourth time on August 8, 2000, when he exhibited symptoms such as dehydration, pain behind his left eye, and an ear infection. Dr. Villa Verde conferred with Dr. Leggiardro and Dr. DeRespinas, who performed an ophthalmologic exam on August 10, 2000, to address the complaint of pain behind the left eye. The child was ultimately diagnosed with ADEM and Devic Syndrome and was treated accordingly. The child's MRI eight months after the treatment showed marked improvement and almost complete resolution of symptoms. The child's parents brought suit against the hospital and each physicians involved. Each defendant moved for summary judgment separately.

COURT'S OPINION: The Supreme Court of New York held, inter alia, that each defendant's motion for summary judgment was granted. The court ruled that the plaintiffs failed to meet the burden of proof of showing any grounds whatsoever upon which the plaintiffs could possibly have prevailed against any one of the defendants. Forte v. Sisters of Charity Medical Center, 2008-NY-1204.296--NY (2008)

Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports. his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law. Who's Who in America and Who's Who in the World.

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