Plaintiff alleged that the defendant podiatrists improperly performed an ankle surgery on the plaintiff’s osteochondral defect (OCD) and tendon injury which resulted in recurrence of the OCD, the need for subsequent surgeries, and permanent pain and limited motion of the foot and ankle. One major obstacle to establishing non-negligence was the disagreement as to which defendant podiatrist performed the foot surgery on the plaintiff, and neither podiatrist could testify as to the specific surgical techniques engaged. Gallardo Levin Reiter & Rogers argued that no matter which podiatrist performed the surgery, it was performed properly as demonstrated by the subsequent medical and diagnostic records. The Supreme Court agreed and dismissed the plaintiff’s Complaint, and the decision was affirmed on appeal by the Appellate Division, First Department. The case was handled by Gallardo Levin Reiter & Rogers Partner Michele R. Levin.
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