Question
Analyze the above case. Discuss the following points.
1. Facts
2. Issues
3. Who did the Court rule for and why
4. Do you agree or disagree with the Court's decision
ailure to Record Patient's Condition The plaintiff in Gerner v. Long Island Jewish Hillside Med. Ctr30 gave birth to her infant son at the defendant medi- cal center. Dr. Geller, the attending pediatrician, arrived at the hospital 6 hours later. Geller, having noted and confirmed a slightly jaundiced condition, ordered phototherapy for the baby. After 3 days of treatment, the child's bilirubin count fell to a normal level, and Geller ordered the patient discharged. The child today is brain damaged, with permanent neurologic dysfunction. The plaintiff alleged medical malpractice on the part of both the medical center and Geller for failing to diag- nose and treat the jaundice in a timely manner. Following examination before trial, the medical center motioned and was granted summary judgment. The plaintiff and Geller appealed. The New York Supreme Court, Appellate Division, held that questions of fact precluded summary judgment for the hospital. A number of allegations were raised as to negligence attributed solely to hospital staff. For example, notes of attending nurses at the nursery failed to record
Explanation / Answer
1. Facts:
2. Issues:
3. Who did the court rule for and why:
4. Agree: