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 holds that Rochester’s proprietary duty to maintain safe roads runs only to the traveling public, not to homeowners whose property is struck by a speeding vehicle at a T-intersection, absent a special duty running to them specifically.
The Fourth Department reinstates a slip-and-fall complaint against a snow removal contractor, finding that contractor’s actual salting practice on the day of the fall may have completely displaced the property owner’s duty to address ice, triggering an Espinal exception.
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.