APPELLATE COURT DECLINES TO DISMISS CASE AGAINST DOCTOR & HOSPITAL
After Z.G. filed a malpractice case against Dr. S.C.P. and others seeking compensation for injuries which arose from a botched cataract removal procedure, the latter moved – via a motion for summary judgement – seeking a pretrial determination dismissing the case. And when the Queens County Supreme Court denied that request, an appeal followed.
On its review of the record, the Appellate Division, Second Department, noted that since Z.G. had demonstrated (via an expert’s affidavit) that the defendants had veered from the “accepted standard of care” -- by, among other things, not using an irrigating solution to minimize damage to Z.G.’s weakened cornea -- it concluded that “questions of fact” had been raised, which precluded the grant of relief in the defendants’ favor at this stage of the litigation.
How’s that for a poke in the eye?
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DECISION