Fourth Department – Medical malpractice: Mylar v. Niagara Falls Memorial Medical Center, et al.

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

Medical malpractice — Proximate cause

Mylar v. Niagara Falls Memorial Medical Center, et al.

CA 23-01544

Appealed from Supreme Court, Niagara County

Background: The plaintiff’s child complained of bilateral eye pain that was constant and burning in nature. The child was diagnosed with pink eye; however, the child’s vision deteriorated to the point that she was walking into walls. At the emergency room she was diagnosed with pink eye but she was referred to an ophthalmologist. She was eventually seen by an ophthalmologist several weeks later and diagnosed with a serious retinal detachment. She eventually suffered permanent, complete blindness in her left eye, and severely limited vision in her right eye. She was diagnosed with a rare autoimmune disorder. The plaintiff commenced a medical malpractice action alleging the failure to timely diagnose the child’s eye condition. The defendants appealed from the denial of their motion for summary judgment.

Ruling: The Appellate Division affirmed. The court noted that the defendant’s pediatric ophthalmologist’s affirmation concluded that there was no causal connection between the emergency room treatment and the child’s resulting injuries. The Court held that the pediatric ophthalmologist’s conclusory statements assumed that the child was not suffering from an emergent autoimmune condition at the time of the emergency room visit. Thus, the defendant failed to meet its burden.

Melissa L. Zittel, of Gibson, McAskill & Crosby, for the defendants-appellants; Colleen P. Fahey, of Brown Chiari, for the plaintiff-respondent.

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