Defense Verdict in Bronx County

On August 7, 2008, Peter DeNoto received a defense verdict in Supreme Court, Bronx County on behalf of a major metropolitan hospital center.

The plaintiff sought damages in excess of $2 million for alleged negligent medical care at a major metropolitan medical center.  Specifically, the plaintiff claimed that the staff in the Emergency Room failed to recommend and perform an open reduction and internal fixation of the plaintiff’s left ankle joint, which was disrupted by a proximal torsion fracture of the left fibula.  It was claimed that the reparative surgery was delayed for approximately three weeks, resulting in a permanent dysfunctional gait, chronic left ankle pain, and arthritis of the left ankle.

Representing the hospital, Mr. DeNoto argued that after the appropriate diagnosis was made, the plaintiff was advised that he should be admitted to the hospital to have reparative surgery.  After discussing the treatment with the staff at the hospital, the plaintiff decided that he wanted to obtain a second opinion and have the surgery performed at another hospital.  Moreover, Mr. DeNoto argued that the plaintiff’s injuries were normal complications of the accident and unrelated incidents, and had nothing to with the timing of the reparative surgery.  Finally, Mr. DeNoto argued that the damages that the plaintiff was seeking were inappropriately inflated and not supported by credible evidence.

Upon due deliberation, the jury found in favor of the hospital by concluding that the staff at the hospital provided appropriate treatment to the plaintiff by advising the plaintiff that he needed to have reparative surgery.