Dismissal in Queens County
HPM&B obtained a mid-trial dismissal of a medical malpractice action on behalf of a well-known and respected Plastic Surgeon on June 20, 2014.
The 54-year-old plaintiff, who was diagnosed with breast cancer, claimed that two General Surgeons and two Plastic Surgeons misdiagnosed plaintiff as having a pulmonary infection and failed to timely diagnose and properly treat surgical wound infections following a mastectomy and breast reconstruction procedure. She also claimed that once the infection was diagnosed, the General Surgeons and Plastic Surgeons inappropriately treated the infection with the antibiotic Gentamicin instead of intravenous Ciprofloxacin. Consequently, the plaintiff’s infection allegedly spread, necessitating three corrective three surgeries and resulting in permanent abdominal pain, lost muscle tissue, a severe abdominal bulge, and an inability to perform activities involving the abdominal muscles.
After jury selection, the plaintiff agreed to dismiss all claims against the Plastic Surgeon. HPM&B partner Peter DeNoto represented the Plastic Surgeon at trial.