Motion to Dismiss Granted

HPM&B was recently granted dismissal of claims brought by a plaintiff-wife and plaintiff-daughter for medical malpractice, negligent infliction of emotional distress, and intentional infliction of emotional distress against a major healthcare network. This case was venued in Supreme Court, Rockland County. HPM&B filed a motion to dismiss arguing that the plaintiffs failed to set forth viable causes of action for any individual claims on behalf of the plaintiff-wife and plaintiff-daughter. The Defendants argued that the pleadings failed to establish a patient relationship between the defendant Hospital and these plaintiffs, and it failed to allege any treatment or service rendered to these plaintiffs. HPM&B contended that the Complaint was entirely absent of any allegations that the defendants owed a legal duty to these plaintiffs or engaged in any conduct that breached such a duty, even if such a duty existed. Additionally, HPM&B argued that plaintiffs’ pleading was devoid of any allegations to support the claims for negligent infliction of emotional distress and intentional infliction of emotional distress because there were no allegations that their physical safety was at any point endangered by the Defendants or that they were owed any legal duty.  In finding for the defendants, the Court agreed that the pleadings failed to state any viable causes of action for relief for the plaintiff-wife and plaintiff-daughter and dismissed their claims entirely.