Marsh v. Amot Ogden Medical Cente

937 N.Y.S.2d 383 (2012)

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Nature of the Case

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Facts

Leslie was a patient at D. Jane Doe (D), a registered nurse employed by D, mistakenly injected Leslie with an insulin-reducing medication that had not been prescribed for him. Renee Abderhalden-Friend (D), the attending physician, directed Doe (D) to monitor Leslie's glucose level every two hours and call her at home if the level fell below 120. Leslie's glucose level was 132 at 8:15 p.m. and 107 at 10:15 p.m. After learning of the second test result, Dr. Abderhalden-Friend (D) ordered the glucose testing to be discontinued until the next morning. Friend (D) did all this on the phone. It was tested again at 6:15 a.m. His glucose level was 15, and Leslie died shortly thereafter. The cause of death was an insulin overdose resulting from the medication error. P, executor of the estate, Dues Ds for negligence and medical malpractice. P sought punitive damages. P claimed that just before Doe (D) administered the medication, Leslie’s daughter specifically warned her that Leslie was not a diabetic and did not use insulin. Dr. Abderhalden-Friend (D) moved pursuant to CPLR 3211 (a) (7) for dismissal of the punitive damages claim against her, and D and Doe (D) moved for partial summary judgment dismissing the punitive damages claim against them. The Supreme Court granted the motions. P appealed.