Estevez v New York City Health & Hosps. Corp.

Holding The court affirmed the denial of summary judgment because the plaintiff’s expert testimony created triable issues of fact regarding whether timely therapeutic Heparin administration would have altered the decedent’s clinical course. The expert successfully rebutted the defendant’s arguments by explaining the immediate physiological effects of Heparin and ruling out alternative causes of death.

The court’s words

Heparin ordinarily acts over several days to reduce a patient's clot burden and cannot prevent an existing clot from breaking off

2026 NY Slip Op 05470, at the official text

Heparin has immediate effects, even if it is not a complete treatment for a pulmonary embolism

2026 NY Slip Op 05470, at the official text

These competing explanations for decedent's acute worsening raise triable issues of fact as to whether timely therapeutic Heparin administration would have altered her clinical course

2026 NY Slip Op 05470, at the official text

Based on the record disputing whether prompt anticoagulation would have changed the outcome of an evolving pulmonary embolism, summary judgment must be denied

2026 NY Slip Op 05470, at the official text