James Kiker v. Nassau County

DECISION & ORDER The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from those orders are brought up for review and have been considered on the appeal from the judgment (see, CPL 5501[a]). On August 7, 1980, the plaintiff's decedent Grace Kiker was admitted to the Nassau County Medical Center for the repair of an incisional hernia, located in the umbilicus area. She underwent surgery on August 8, 1980, without the administration of an enema or any other treatment to relieve her bowels. During the postoperative period, Mrs. Kiker complained of constipation and abdominal pain. The various treatments administered in an attempt to relieve her of constipation were ineffective, and her condition worsened. On August 12, at approximately 7 A.M., Mrs. Kiker was examined, and the doctor's impression was ""Patient constipated with a history of diverticulitis. Rule out ruptured diverticulum"". An X-ray of Mrs. Kiker's abdomen was taken at approximately 10:28 A.M. The report indicated the presence of free peritoneal air, and that, ""correlation [is] needed to determine whether this is residual from previous surgery or represents a new perforation"". By midday, Mrs. Kiker was classified ""NPO"" (nothing by mouth), a tube was placed through her nose into her stomach to relieve the distention in her stomach, her blood [175 A.D.2d 99 Page 101]