Frequently Asked Questions of a Medical Malpractice Lawyer

Cases and Settlements of Note

Medical Malpractice Lawsuits & Settlements

• Badolato v. Rosenberg.   The Second Department affirmed the trial court’s denial of summary judgment to chiropractor, holding that a physician retained to perform a physical examination for Workers Compensation or Disability purposes can be held liable for medical malpractice where the physician affirmatively interferes with the patient’s treatment to his detriment.

• Selva v. Lillie.  The court affirmed a denial of summary judgment to general practitioner who claimed that her failure to refer a patient suffering neurological disorder that rendered him quadriplegic for specialist consult was not a departure from good medical practice because she did not have the neurological expertise to recognize that the patient was suffering from a systemic neurological disorder rather than a herniated lumbar disc.

• Graham v. Mitchell.  The appellate court reversed the trial court’s order granting summary judgment on a catastrophically brain-damaged infant claim and reinstated the plaintiffs’ complaint.

• Raciti v. Sands Point Nursing Home, et al., 54 A.D.3d 1014 (2d Dept’ 2008), reversing dismissal of plaintiff’s complaint by the trial court which abused its discretion in refusing to consider plaintiffs’ opposition and cross motion, delivered late to court due to interruption of transit service in a torrential rainstorm. 

• Buckley v. Charles K. Goldner, LLC, Abranham Colton. The firm represented Buckley who was a guest in the building, who leaned against an elevator door, believing it to lead to laundry facilities.  The elevator door swung open from below, and Buckley fell down the shaft, breaking part of his spine, tearing his urethra, and dislocating his shoulder. The Verdict of $1.9M was awarded in May 2010.
  
• Jermaine Rhoden v. NYC Transit Authority et al.  The firm represented Rhoden who was bicycling on White Plains Road when he attempted to pass between a parked vehicle and a public bus.  Rhoden became wedged between the bus and vehicle, and injured his knee, which required knee surgery to fix. A verdict of $550,000 was awarded in September 2009.