Dray v. Staten Island University Hospital

160 A.D.3d 614 (2018)

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Nature of the Case

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Facts

P has previously given birth to two children via cesarean section. She opted to attempt a vaginal birth when she became pregnant with her third child. P arrived at D experiencing contractions. Leonid Gorelik, (D) informed P that a c-section was necessary. P refused to consent to a c-section, insisting upon a vaginal birth. Gorelik consulted with James J. Ducey (D), the hospital's director of obstetrics, and Arthur Fried, the hospital's general counsel. Ducey (D), with the concurrence of Gorelik (D) and Fried, determined that there was insufficient time to seek a court order and that he would override P's refusal to consent and proceed with a c-section. A c-section was performed by Gorelik (D), Ducey (D), and several residents. During the procedure, P's bladder was lacerated, and the laceration was repaired. P sued Ds for negligence, medical malpractice, and violations of Public Health Law § 2803-c and 10 NYCRR 405.7. Ds moved to dismiss portions of the amended complaint insofar as asserted against each of them. P cross-moved for summary judgment on the issue of liability. The court granted Ds summary judgment dismissing, as time-barred, the entire third cause of action and so much of the first and second causes of action as were based on an allegation that the c-section was performed upon P despite her objection. P appealed.