Durand v. S. Nassau Hosp.

172 A.D.3d 1318

102 N.Y.S.3d 80

George A. DURAND, Appellant,

v.SOUTH NASSAU HOSPITAL, Respondent.

2016–12771

Index No. 8340/13

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 7, 2019

May 29, 2019

George A. Durand, Freeport, NY, appellant pro se.

Bartlett, McDonough & Monaghan, LLP, Mineola, N.Y. (Robert G. Vizza of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for personal injuries, racial discrimination, and false arrest, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Denise L. Sher), dated December 15, 2016. The judgment, upon an order of the same court entered November 10, 2016, granting the defendant's motion for summary judgment dismissing the complaint, is in favor of the defendant and against the plaintiff dismissing the complaint.

ORDERED that, on the Court's own motion, the notice of appeal from the order entered November 10, 2016, is deemed a premature notice of appeal from the judgment dated December 15, 2016 (see CPLR 5520[c] ); and it is further,

ORDERED that the judgment is affirmed, with costs.

On March 20, 2012, the plaintiff was admitted to South Nassau Communities Hospital, sued herein as South Nassau Hospital (hereinafter the hospital), for treatment of complications from diabetes. While the plaintiff was a patient at the hospital, he was assaulted by his roommate and allegedly sustained injuries. The plaintiff allegedly sustained other injuries as a result of medical treatment he underwent at the hospital. On May 9, 2012, the hospital determined that the plaintiff could be safely discharged. When the plaintiff refused to leave the hospital, staff summoned security and then the police, who arrested the plaintiff for trespass.

The plaintiff, acting pro se, commenced this action against the hospital, inter alia, to recover damages for personal injuries, medical malpractice, racial discrimination, and false arrest. After discovery, the hospital moved for summary judgment dismissing the complaint. In support of its motion, the hospital submitted an affidavit of Maureen McGovern, the Director of Risk Management and the Patient Safety Officer, in which she averred: "I can ... state that [the hospital] had no knowledge of any racial animosity or violent propensity of the other patient sharing the room with [the plaintiff]"; the other patient "was not known to anyone at the hospital to have previously attacked anyone or to have any improper racial bias, beliefs or motives"; and "from the time of his presentation until the time of the subject occurrence, the other patient did not argue with anyone, verbally assault, physically assault, or otherwise engage any patient, medical care provider, or other person in a confrontational manner while within the confines of [the hospital]." She further stated that following the incident, the hospital moved the plaintiff to another room, instead of moving the other patient, to prevent the other patient from becoming agitated, to prevent any further interaction between the plaintiff and the other patient, and to safeguard the plaintiff.

Furthermore, the hospital's medical expert affirmed that during the plaintiff's stay, the plaintiff's blood glucose levels were tested each day, that the normal range is 70 to 110, and that at no time did the plaintiff's blood glucose level drop below 85, and therefore was never below normal. The expert stated that the medical records did not show any overdose of medication, and the medications prescribed to the patient during the subject admission were appropriate. His diabetes medications "were appropriately adjusted in response to his blood glucose levels."

In her affidavit submitted in support of the hospital's motion, Rosemarie Keating, the hospital's Director of Case Management, averred that the plaintiff was "medically cleared for discharge by his treating doctors and by the physical therapist" but he refused to leave. After the...