Belmonte v. N. Shore-Long Island Jewish Health Sys., Inc.

Full title: JOHN BELMONTE AND STACY BELMONTE, AS PARENTS AND NATURAL GUARDIANS OF BRANDON BELMONTE, AND JOHN BELMONTE AND STACY BELMONTE, INDIVIDUALLY, Plaintiffs, v. NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC., STATEN ISLAND UNIVERSITY HOSPITAL, EMERGENCY MEDICINE SERVICES OF STATEN ISLAND, P.C., JAMES KENNY, M.D., SIU-PUN CHAN, M.D., YASIR EL-SHERIF, M.D., NWANNEKA OKOLO, M.D. AND SABRINA DESTEFANO, D.O., Defendants.

Court: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND: PART C-2

Date published: Dec 18, 2018

Facts

On the morning of January 13, 2014, Brandon Belmonte did not feel well when he woke up at approximately 6:30 A.M. (BB, 22:23-25, 23:1-4). He described his condition as “pale and sweaty” (BB, 23:11:16) and his sheets were “wet” (BB, 24:16-18). After going to the bathroom, Brandon spoke to his mother, Stacy Belmonte, in the living room (BB, 25:22-15, 26:1-19, 27:2-  8). His mother gave him ice for his forehead but does not remember if she took his temperature (BB, 27:5-24). Brandon stayed home from school with his father, John Belmonte, and his mom left for work (BB, 28:12-19). Brandon does not remember seeing his father from the time he woke up until his mother left for work (BB, 29:14-16, 30:19-22).

Issue

Decision

The court has denied Yasir El-Sherif’s motion for summary judgment, granting it for the second cause of action due to a lack of informed consent. The motions by defendants, including North Shore-Long Island Jewish Health System, Inc., Staten Island University Hospital, Emergency Medicine Services of Staten Island, P.C., James Kenny, M.D., SIU-Pun Chan, M.D., Nwaneka Okolo, M.D., and Sandra DeStefano, D.O., were granted in their entirety. The action, along with all cross-claims, is dismissed against these defendants. The court has also amended the caption of the action to include John Belmonte and Stacy Belmonte as plaintiffs.

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