NY: failure to inform patient of risks of surgery: Dr.'s motion for summary judgment denied.
COURT'S OPINION: The Supreme Court of New York denied Dr. April's motion for summary judgment to dismiss all claims against him and to amend the caption of the case to reflect that he was not a party in the case. The court held that Dr. April's affidavit was wholly conclusory and that he failed to meet his burden of showing an absence of medical malpractice. The court noted that Dr. April asserted that the only thing he did was an endoscopy, and that he did it correctly. The court observed that Dr. April gave no details as to how the endoscopy was performed, what he found, what his assessments were, what he communicated to the other physicians in the operating room, how the plaintiff's care was handed over to other physicians. He clearly failed to meet the criteria for a motion for summary judgment. Lucia v. Kelly-NY-0119.291 (11/25/2008)--NY
Meet the Editor & Publisher: A. David Tammello, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island Firm of A. David Tammello & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousand of articles, as well as his achievement as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Laywers, Marquis Who's Who in America Law, Who in America and Who's Who in the World.
|Printer friendly Cite/link Email Feedback|
|Title Annotation:||Medical Law Cases of Note|
|Author:||Tammelleo, A. David|
|Publication:||Medical Law's Regan Report|
|Article Type:||Case overview|
|Date:||Jan 1, 2009|
|Previous Article:||NY: Dr.'s motion for summary judgment denied: questions of fact had to be resolved by jury.|
|Next Article:||Do Drs. moving from state to state raise red flags?|