Sawh v. Schoen and D'Urso

In Sawh v. Schoen and D'Urso, 215 A.D.2d 291 (First Dep't 1995) Dr. D'Urso, a member of a professional corporation obstetrical medical group, moved for summary judgment on the ground that he had provided no actual care to the patient. Although Dr. D'Urso had previously treated the plaintiff for other conditions, and did participate in weekly meetings that discussed all the doctors' patients, the plaintiff had received the actual obstetrical care only from the other two doctor members. The First Department held that this association or connection did not confer upon Dr. D'Urso any duty to the plaintiff to advise the actual treating physicians on the management of this high risk patient. 215 A.D.2d at 293. The Appellate Division therefore reversed the trial court's denial of summary judgment and dismissed the complaint against Dr. D'Urso.