Emily L. Fernandez

Emily Fernandez (Partner-White Plains, NY) and Christopher Hoffman (Associate-White Plains, NY) obtained summary judgment in Bronx Supreme Court on behalf of a hospital and its attending cardiologist in a medical malpractice action. The plaintiff filed suit on behalf of a deceased patient alleging medical malpractice against our clients, a hospital and cardiologist, for allegedly providing treatment in direct contradiction of wishes described in the patient’s living will, which designated only comfort care if he became “terminal,” and specifically noting the patient did not want antibiotics or artificial hydration in that case. The specific treatment by defendants in issue included administering antibiotics and artificial hydration. It was further claimed decedent would have died on 4/17/17 (instead of 5/6/17) if the improper treatment were withheld, so the purported malpractice resulted in 20 days of unnecessary pain and suffering. Emily and Christopher moved for summary judgment, arguing that the plaintiff’s theory of liability is based on wrongful life, which is not a cognizable cause of action in New York. The court agreed with the defense and dismissed the complaint with prejudice.