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In the medical malpractice case of Audette v. Toussaint-Milford, 2019 N.Y. Slip Op. 30823 (N.Y. Sup. Ct. 2019), the issue of the patient’s role in contributing to their medical condition. The plaintiff file a lawsuit against the medical staff that were involved in her care and the delivery of her baby. Her delivery was complicated. However, the plaintiff was uncooperative and chose to leave the hospital early, against medical advice.

Leaving a hospital against medical advice (AMA) occurs when a patient chooses to discharge themselves from a healthcare facility despite recommendations from medical professionals to stay for further treatment. This decision is typically documented in the patient’s medical record, noting that the patient has been informed of the potential health risks and consequences of leaving prematurely. The reasons for leaving AMA can vary, including personal obligations, financial concerns, dissatisfaction with care, or mistrust of medical staff. However, this action can lead to worsened health outcomes, complications, or incomplete treatment, and may affect the patient’s ability to claim damages in cases of subsequent medical issues. If a medical malpractice claim is filed, leaving AMA complicates the case, as it must be determined whether the worsening condition is due to the original medical issue, the alleged malpractice, or the patient’s decision to leave.

Background Facts

In Pezulich v. Grecco, the plaintiff challenged the decision of the Supreme Court, which had favored Richmond University Medical Center (RUMC) by granting summary judgment. The litigation centers around serious allegations of medical oversight following the care of a pregnant woman who tragically developed cervical cancer post-delivery and died.

Background Facts

On January 10, 2015, the decedent delivered her baby at Richmond University Medical Center (RUMC), under the care of her private physician, Dr. Michael A. Grecco. During a prenatal check-up on January 6, 2015, Dr. Grecco observed a cervical myoma measuring four to five centimeters, planning a vaginal delivery with subsequent myoma removal post-delivery. However, the myoma obstructed the baby’s descent during labor, necessitating a cesarean section performed with RUMC residents and an anesthesiologist present. The decedent’s husband noted that Dr. Grecco initially described the myoma as grape-sized, but during delivery, it had grown to the size of a grapefruit.