Buchanan v. Hesse

Background

Christopher Buchanan brought the action on behalf of Lauri A. Buchanan, as co-administrator of the estate of Cydney Buchanan. The claims against Frederick R. Hesse, M.D., concerned medical malpractice, negligent supervision, common-law negligence, and punitive damages. Dr. Hesse had been the medical director of Arms Acres and the attending physician for its patients, but he never met Cydney, did not write in her chart, did not discuss her care with a physician assistant or nurse practitioner, and did not receive a call about her before her death.

Cydney was admitted to Arms Acres’s detox unit on November 10, 2015. During the night of November 11–12, she vomited twice. The night-shift nurse was notified and visually examined her after each incident. After that nurse’s shift ended, a day-shift nurse found Cydney unresponsive and emergency procedures began. Staff attempting to use an automated external defibrillator discovered that its pads were incompatible, so the device did not work. Cydney was taken to Putnam Hospital, where she was pronounced dead.

The other defendants had settled with the plaintiff, leaving Dr. Hesse as the only remaining defendant. Dr. Hesse moved for summary judgment, which asks the court to rule without a trial when the record shows no genuine dispute over a fact that could affect the result and the moving party is entitled to judgment under the law.

Medical Malpractice

The court applied New York substantive law. A medical-malpractice claim required proof that the physician owed a duty of care, departed from accepted medical practice, and proximately caused the injury.

Dr. Hesse’s medical expert, Dr. Maria Rita Aszalos, concluded that Dr. Hesse performed his duties as medical director and was not negligent in caring for Cydney. The expert also concluded that Cydney was not Dr. Hesse’s patient because he had no contact or communication with her, and that Dr. Hesse did not need to be notified about her vomiting.

The court held that the plaintiff did not rebut this showing. The plaintiff’s expert, Dr. Richard Blum, identified alleged failures by Arms Acres as a facility and its staff, including inadequate medical oversight, inadequate vital-sign checks, and failure to contact a doctor. But Dr. Blum did not address Dr. Hesse’s involvement or lack of involvement in Cydney’s care. The court therefore granted summary judgment on the medical-malpractice claim.

The plaintiff also relied on a medical-record notation stating, “Above orders VO. per Dr. Hesse,” arguing that it showed Dr. Hesse verbally ordered Cydney’s Suboxone. The court found no record evidence supporting that interpretation. It further held that, even assuming the interpretation was correct, the notation did not show a departure from accepted medical practice or that the prescription caused Cydney’s death. The court noted that Dr. Aszalos had testified that Suboxone would have been appropriate for a patient suspected of opioid withdrawal, as Cydney was.

Negligent Supervision

The court construed the third amended complaint and briefing as asserting negligent-supervision and common-law-negligence claims. Under New York law, negligent supervision generally requires proof that an employee was negligent and that the relevant conduct occurred outside the scope of employment in the circumstances addressed by the governing cases.

The court found no record evidence that anyone involved in Cydney’s death acted or failed to act outside the scope of employment. It therefore granted Dr. Hesse’s motion for summary judgment on the negligent-supervision claim and dismissed that claim.

Common-Law Negligence

The court treated the common-law-negligence claim as based on Dr. Hesse’s alleged failure, as medical director, to establish appropriate policies and procedures for medical care at Arms Acres. The court rejected Dr. Hesse’s argument that this claim was actually a medical-malpractice claim.

The decisive issue was whether Dr. Hesse had an individual legal duty, separate from any physician-patient duty, to create policies and procedures for Arms Acres staff. The court held that the regulations cited by the plaintiff from the New York State Office of Alcohol and Substance Abuse Services and the federal Substance Abuse and Mental Health Services Administration did not clearly establish individual liability for medical directors. The plaintiff identified no supporting New York case law, and the court declined to impose such a duty based on the regulations. Because no individual duty was established, the court ruled that any factual dispute about whether Dr. Hesse breached such a duty was irrelevant and dismissed the negligence claim.

Punitive Damages and Disposition

The court explained that punitive damages are dependent on an underlying substantive claim and cannot stand when all such claims are dismissed. Because it granted summary judgment on all of the plaintiff’s substantive claims against Dr. Hesse, it also granted the motion as to punitive damages.

Judge Vincent L. Briccetti concluded: “The motion for summary judgment is GRANTED.” The Clerk was instructed to terminate the motion and close the case.