Medical Malpractice

The Fourth Department holds that a radiologist owes no duty to recommend a biopsy after identifying a hand mass on MRI — that obligation falls on the treating physician — while allowing the claim that the radiologist negligently misread the imaging to proceed to trial.

The Fourth Department reinstates a medical malpractice complaint against a hospital, finding hospital-issued scrubs, a Medical Staff badge, and emergency neonatal circumstances raise a triable question of apparent agency over independent-contractor neonatologists.