Phone: (516) 487-8207
A medical malpractice on appeal in New York was reinstated this week on Monday, November 21, after being dismissed in a lower court. The case was thrown out because both sides did not respect deadlines, but the court itself was also found to not have followed protocol properly, and so the dismissal was reversed.
This decision was ruled 4-3 by the Court of Appeals. The decision to dismiss was made in 2010 in the Appellate Division, First Department.
The alleged malpractice occurred in 2002, when Juliette Cadichon was taken in for a routine operation. Dr. Thomas Facelle was supervising and Dr. Louis May was performing the operation. Facelle had instructed May to make incisions into the muscle to be able to remove stones from the gallbladder. Instead, he inserted a catheter into a bile duct that connects the liver and gallbladder with the top of the small intestine. A "surgical emergency" ensued when he punctured the abdomen and in the process injured several organs and tissues. Among other things, Ms. Cadichon's liver was ruined allegedly because Dr. Facelle did not follow better reparative procedures.
The 4-3 court this week argued that the lower court needed to make its dismissal clear to the defense, which it did not do. Therefore, the case would have to be reinstated.
The dissent argued that, although it is right to rule cases on the merits, court rules also have to be followed. Indeed, not only were materials like depositions and the note of issue past deadline, but a lower court complained five times about deadlines.
As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical error cases like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help.
If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
Read More About Surgical Injury Case Continues, Despite Tardy Lawyers...
