A New York appellate court has ruled in favor of two defendants in a medical malpractice case, reversing a lower court's decision. The case involves Marie Campisi, who alleged that her doctors failed to diagnose a serious condition that led to a colon perforation. The ruling, issued on April 29, 2026, affects not only the defendants but also sets a precedent for how medical malpractice claims are evaluated in New York.
The court's decision came after Campisi, who had a history of C. difficile colitis and diverticulitis, sought damages from Lutheran Medical Center and Dr. Steven Athanail, claiming they did not provide adequate care during her hospital stay in May 2016. This case highlights the complexities involved in medical malpractice lawsuits and the standards of care required of healthcare providers.
Background
Marie Campisi filed the lawsuit against Lutheran Medical Center and Dr. Steven Athanail after experiencing severe abdominal pain and vomiting. On May 1, 2016, she was admitted to Lutheran Medical Center, where a CT scan revealed signs of colitis and diverticulitis. During her stay, she was treated with antibiotics and reported improvement before being discharged on May 4, 2016.
However, on May 20, 2016, Campisi returned to a different hospital, Maimonides Medical Center, where a CT scan revealed a perforation in her colon that required emergency surgery. This led Campisi to allege that her initial treatment was inadequate and that both the hospital and Dr. Athanail failed to diagnose her condition properly, resulting in further complications.
The Ruling
The Appellate Division of the Supreme Court of New York reviewed the case and issued a ruling that reversed the lower court's decision. The court found that both Dr. Athanail and Lutheran Medical Center had established that they did not deviate from the accepted standard of care in their treatment of Campisi. The court stated, "the plaintiff failed to demonstrate the existence of a triable issue of fact" regarding whether the defendants acted negligently.
The ruling emphasized that the plaintiff's expert testimony was insufficient, stating that it offered only "conclusory and speculative assertions" without addressing the specific claims made by the defendants' experts. The court concluded that the lower court should have granted the motions for summary judgment, dismissing the malpractice claims against both defendants.
Impact
This ruling is significant as it clarifies the standards for proving medical malpractice in New York. It underscores the importance of providing concrete evidence when challenging a healthcare provider's actions. The decision may influence future medical malpractice cases, particularly in how expert testimony is evaluated. Plaintiffs must ensure that their expert opinions are well-supported and directly address the claims made by the defense.
The ruling also serves as a reminder to healthcare providers about the legal protections available to them when they adhere to accepted medical standards. This case may encourage more defendants in similar situations to pursue summary judgment when they believe they have not deviated from the standard of care.
What's Next
The defendants have successfully dismissed the claims against them, but Campisi may still have options for appeal. Details were not available in the court filing regarding whether she plans to pursue further legal action. The outcome of this case could also influence similar pending cases in New York's medical malpractice landscape.











