Plaintiff Claims Medical Malpractice Caused Stress Precipitating Decedent's Death

Roques v. Noble - In this wrongful death action, the plaintiff claimed that the defendants' misinterpretation of a CT scan and an MRI film stressed the decedent and that the stress contributed to the hastening of his cardiovascular disease and thus to his death. The Supreme Court granted the defendants’ motions for summary judgment, but the First Department majority reversed finding that the plaintiff had raised an issue of fact as to whether the defendants' treatment caused or substantially contributed to his death. Judge DeGrasse dissented arguing that the plaintiff’s expert failed to set forth any alleged departures from good and accepted medical practice.