NY: did burn on calf result from ankle surgery? Court upheld jury verdict for all defendants.CASE FACTS: Lisa Biello alleged that she sustained a circular thermal burn on her right calf while Dr. David Dixon was performing surgery on her right ankle at Albany Memorial Hospital. The condition of her calf injury eventually resulted in further surgery, which was performed by Dr. Francis Cullen, a plastic surgeon plastic surgeon A surgeon specialized in reconstruction or cosmetic enhancement of various body regions, most commonly the face–nose, chin, and cheeks, breasts and buttocks; PSs remove fat deposits through liposuction; PSs reduce scarring or disfigurement with whom Lisa consulted following the surgery. In response to Lisa's suit against Dr. Dixon, the hospital and others, the defendants denied the allegations in Lisa's complaint. The defendants denied that the burn was a thermal burn and further denied that Lisa's injury occurred during the course of surgery on her right ankle. In addition to Lisa's allegations of negligence and medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. , she invoked the doctrine of Res Ipsa Loquitur [Latin, The thing speaks for itself.] A rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant's exclusive control and that the accident was one that ordinarily does not (RIL RIL Recombinant Inbred Lines RIL Reduced Impact Logging RIL Radio Interface Layer RIL Reliance Industries Limited, India RIL Research Information Letter RIL Repairable Items List RIL Runway Identification Lights ). During the course of the trial in the case, sharply conflicting evidence and expert opinions were presented. The jury returned a verdict for the defendants. The plaintiff's motion to set aside the jury's verdict was denied by the trial court. The plaintiff appealed. COURT'S OPINION: The Appellate Division of the Supreme Court affirmed the judgment entered on the jury's verdict for the defendants. The court held, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , that the standard for determining if a verdict is against the weight of the evidence is "whether the evidence so preponderated in favor of the [moving party] that the verdict could not have been reached on any lair interpretation of the evidence." In conducting this analysis, courts give "due diligence Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired. to the jury's resolution of credibility issues and conflicting expert evidence." The court observed that Dr. Dixon performed a right peroneal peroneal /per·o·ne·al/ (-ne´al) pertaining to the fibula or to the lateral aspect of the leg; fibular. per·o·ne·al adj. Of or relating to the fibula or to the outer portion of the leg. tendon tenosynovectomy on the plaintiff with a goal of alleviating her ongoing problem with right ankle pain. At the conclusion of the surgery, a plaster splint splint, rigid or semiflexible device for the immobilization of displaced or fractured parts of the body. Most commonly employed for fractures of bones, a splint may be a first-aid measure that allows the patient to be moved without displacing the injured part, or it , wrapped with a bandage, was applied from the patient's foot to just below her knee. The plaintiff's complaints of pain emanating from under the splint while still in ambulatory recovery, resulted in the bandage being removed and her leg examined by Paula Maniscalco, a Physician's Assistant physician's assistant: see physician assistant. . According the plaintiff and a friend, this revealed a red circular area about four inches in size on her calf. P.A. Maniscalco, on the other hand, testified that she assessed no problem and did not recall any red area on the plaintiff's calf. The plaintiff was discharged later that same day and returned to see Dr. Dixon five days later. Dr. Dixon observed a one and one-half inch blister on the plaintiff's calf, which he concluded was caused by abrasion, and he place the plaintiff in a shorter cast, the top of which was below the knee, and admonished the plaintiff not to get the cast wet. Biello v. Albany Memorial Hospital, 2008. NY Slip Op 02516 (03/20/2008) -NY Meet the Editor & Publisher: A. David Tammelleo, 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 Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the Untied Slates. In addition to his writings as Editor of Medical Law's. Nursing Law's & Hospital Law's Regan Reports, his legal articles have been punished in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World. |
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