In Nigro v. Benjamin, 155 A.D.2d 872 (4th Dept. 1989), the Fourth Department, in citing Halloran, held that the court below did not err in admitting limited testimony concerning the protocol defendant followed when conducting breast examinations upon the plaintiff. The specific facts and evidence are not recited in the court’s brief opinion.
In reversing an order granting summary judgment to the defendant on call physician, the Fourth Department held in Gier v. CGF Health Sys., 307 A.D.2d 729 (4th Dept. 2003) that affidavits submitted by plaintiff of the admitting surgical resident, and chief surgical resident, neither of whom had specific recollection whether defendant was notified of decedent’s admission, that it was “normal procedure and protocol” as well as “routine practice” to notify the on-call attending physician at the time of an admission, and that the chief surgical resident recalled no incident in the past five years as a resident in which an on-call attending had not been notified constitutes competent and admissible evidence concerning routine professional practice to raise a triable issue of fact as to whether defendant was timely notified of the admission. The decedent in this wrongful death action died of a ruptured abdominal aortic aneurysm with the admitting diagnose of recurrent abdominal hernia.
