Sophisticated Defense Strategies For New York Trial And Appellate Matters
In an action for medical malpractice and alleged violations of Public Health Law §2801-d, the plaintiff moved to compel the production of the metadata and audit trail relating to the resident care chart maintained by ‘ client, a prominent Long Island subacute and long-term care facility. sought a protective order preventing the disclosure of the information. In a decision issued…
In an action for podiatric malpractice and lack of informed consent, it was alleged that ‘ client, a podiatrist, was negligent in indicating and performing an endoscopic plantar fasciotomy and was negligent in providing post-procedure care. It was claimed that the mismanagement led to subsequent surgeries and chronic pain. made a motion for summary judgment demonstrating the podiatrist’s compliance with…
In an action for podiatric malpractice and lack of informed consent, it was alleged that ‘ client, a podiatrist, was negligent in indicating and performing bunionectomy and hammertoe procedures and was negligent in the post-procedure care. Specifically, it was alleged that the bunionectomy and hammertoe procedures left her with structural deformities which impaired her foot function and required further surgery,…
In the February 2019 issue of Inside Medical Liability, founding partner, Ralph Catalano, writes about the professional obligations that lawyers have when representing more than one client in the same lawsuit, and advises healthcare providers when and under what circumstances they might need their own lawyer. The full article can be accessed below. Ralph is past Chairman of the Nassau…
In an action for podiatric malpractice and lack of informed consent, it was alleged that ‘ client was negligent in treating a keratotic lesion on the plaintiff’s hammertoe with a debridement. It was alleged that the treatment resulted in osteomyelitis which was allowed to progress, resulting in the need for a distal amputation of the plaintiff’s toe. ‘ motion for…
secures defense verdict in favor of rehabilitation center in medical malpractice action. Senior partner, Ralph A. Catalano, was successful in securing a defense verdict in a medical malpractice action tried before Justice Daniel Martin, in New York State Supreme Court, Suffolk County, on November 21, 2017. Plaintiff was in rehabilitation following left total hip replacement and claimed that negligence on…
In an action for medical malpractice and wrongful death, it was alleged that ‘ client was negligent in failing to timely diagnosis and appropriately manage osteomyelitis infection which developed in the decedent’s foot. It was alleged that the osteomyelitis was allowed to progress resulting in the need for aggressive debridement, amputation, and antibiotic therapy with nephrotoxic side effects. The decedent…
In an action alleging negligence, medical malpractice, statutory violations of New York State Public Health Law §2801-d, was awarded summary judgment dismissing all claims against its client, a Long Island nursing home and rehabilitation facility. The decedent developed a pressure ulcer to his heel which progressed to Stage IV, became infected, and required multiple surgical debridements and local wound care…
In an action alleging negligence, medical malpractice, statutory violations of New York State Public Health Law §2801-d, and negligent hiring and credentialing, was awarded summary judgment dismissing all claims against its client, a prominent Long Island nursing home and rehabilitation facility. The Court agreed with ‘ argument that its client did not depart from accepted standards of care, that the…