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Ventura v. Beth Israel Medical Center9/30/2002
aintiff selected Dr. Lipton as the decedent's attending cardiologist based upon the recommendation of her sister-in-law. In opposition to Beth Israel's motion, the plaintiff failed to come forward with any competent evidence to establish that she and the decedent believed that he was receiving medical care from the hospital in general, rather than from Dr. Lipton, the cardiologist of their choice. Moreover, the affidavit of the plaintiff's expert was insufficient to raise a triable issue of fact as to whether Dr. Lipton's decision to discharge the decedent without conducting a cardiac catheterization was so contraindicated by normal practice that the hospital staff should have inquired into the correctness of the decision (see Cook v. Reisner, AD2d [2d Dept, June 17, 2002]; Filiponne v. St. Vincent's Hosp. & Med. Ctr. of NY, 253 AD2d 616). Under these circumstances, Beth Israel cannot be held vicariously liable for Dr. Lipton's alleged negligence (see Culhane v. Schorr, 259 AD2d 511).
Furthermore, the Supreme Court properly granted the motion of Highway Imaging and Dr. Rosenthal. These defendants made a prima facie showing of their entitlement to summary judgment by submitting evidentiary proof which demonstrated that the thallium stress test was properly conducted, and that Dr. Rosenthal did not depart from good and accepted radiology practice in interpreting the test results. The conclusory affidavit of the plaintiff's expert, which failed to address the deposition testimony of the defendant physicians relating to the procedures followed in administering the test, and the interpretation of the test results, was insufficient to raise a triable issue of fact as to whether Highway Imaging and Dr. Rosenthal committed malpractice (see Bourgeois v. North Shore Univ. Hosp. at Forest Hills, 290 AD2d 525; Fhima v. Maimonides Med. Ctr., 269 AD2d 559; Kaplan v. Hamilton Med. Assocs., 262 AD2d 609).
RITTER, J.P., KRAUSMAN, McGINITY and LUCIANO, JJ., concur.
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