Fourth Department – Medical malpractice: Emerson v. Kaleida Health

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Medical malpractice

Alzheimer’s diagnosis – Proximate cause

Emerson v. Kaleida Health

CA 22-00639

Appealed from Supreme Court, Erie County

Background: The plaintiffs commenced medical malpractice actions alleging damages for injuries arising after the defendant doctor performed a double knee replacement surgery. Unbeknownst to the plaintiff, the doctor had been diagnosed with Alzheimer’s disease prior to the surgery. The plaintiffs appealed from orders that dismissing the complaint.

Ruling: The Appellate Division affirmed. The court held that the plaintiffs failed to raise a triable issue of fact that the Alzheimer’s condition impacted the surgery and caused the plaintiff’s injuries. The court noted that the defendants submitted an affirmation of an expert who opined that, even assuming that the disease impaired the doctor physically or mentally, the impairment did not affect the outcome of the surgery and did not result in any injury to the plaintiff.

J. Michael Hayes for the plaintiffs-appellants; Bryan P. Kroetsch, of Connors LLP, for the defendant-respondent.

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