Claiming that her son suffered a fractured femur bone as a result of their negligence, Jeannine Worrel sued North Shore University Hospital and Dr. Boris Petrikovsky.
Even though he never treated or supervised anyone involved in the dispute, and the only reason his name was listed as the baby's physician was so that the kid could be admitted, the Queens County Civil Court denied the defendants' request to get Petrikovsky out of the case.
Because she wasn't able to show that Petrikovsky had treated her son, reviewed the medical records, acted in a supervisory role, or even had any contact with her, the Appellate Term, Second Department, let the doctor loose. (While he was listed as the admitting physician that, "standing alone," wasn't enough to establish liability.)
Is there no recasting that?
To view a copy of the Appellate Term's decision, please use this link: Johnson v. North Shore Univ. Hosp.