By Sabina Mollot
The Court of Appeals has allowed a lawsuit filed by the family of a late former resident of Stuyvesant Town, who unbeknownst to him had been filmed for a reality show as he lie dying in a hospital room, to proceed.
The widow and grown children of Mark Chanko, the man who was filmed at the hospital following being hit by a truck, had appealed a decision by the Appellate Court to dismiss the suit. However, in a decision last Thursday, a judge ruled that while the suit can go on against the hospital, New York Presbyterian, the ABC network that was responsible for the show, mini-series “NY Med” featuring Dr. Mehmet Oz, is no longer a defendant. New York Presbyterian Hospital and Doctor Sebastian Schubl, who treated Chanko, are still named as defendants.
In the court decision, Judge Leslie Stein also ruled that the suit alleging a breach of patient/physician confidentiality could continue while another charge of deliberate infliction of distress was dropped.