Marsh v. Arnot Ogden Medical Center
Supreme Court of New York, Appellate Division, 3rd Department
937 N.Y.S.2d 383 (2012)
A nurse, Jane Doe (defendant), employed by Arnot Ogden Medical Center (AOMC) (defendant), wrongfully injected patient Leslie Marshall with an insulin-reducing medication no physician had ordered, despite the patient's daughter warning beforehand that he was not diabetic and did not use insulin. After the mistake, Dr. Abderhalden-Friend directed monitoring by phone but never personally examined Marshall, later ordered monitoring stopped, and Marshall died shortly after, with an autopsy attributing his death to the medication. Debra Marsh (plaintiff), as the estate's executor, sued AOMC, Doe, and Dr. Abderhalden-Friend for negligence and malpractice, including a punitive damages claim; the doctor moved to dismiss and AOMC and Doe moved for partial summary judgment on that claim, both of which the trial court granted. Marsh appealed.
Whether, in New York, a punitive damages claim in a medical malpractice and negligence action survives dismissal and partial summary judgment when there is a question as to whether a defendant acted with reckless indifference equivalent to willful or intentional wrongdoing or a wanton and reckless disregard for the plaintiff's rights.