On December 20, 2017 an appellate court covering Queens County agreed that a trial court properly dismissed a wrongful death medical malpractice action brought by the family of a 65 year old woman who died three months after a surgical repair of two abdominal aortic aneurysms. The decedent had a complicated medical history involving cardiovascular issues and underwent vascular surgery to repair two abdominal aneurysms. Post-operatively, the patient developed circulatory issues in her bowel that necessitated seven surgeries in the three months before her death.

The Court noted that plaintiff's medical expert could not establish sufficient evidence of either a departure from accepted practices; or, causation without conclusory or speculative statements. Therefore, it was held that the case was properly dismissed without a jury trial. Kim v Lenox Hill Hospital, 2017 WL 6504634