Defense Verdict in New York County

Michael Sullivan obtained a defense verdict for a family practice physician in New York County in a case involving allegations that the physician improperly treated plaintiff’s knee fracture.

Plaintiff suffered a tibial plateau fracture when he was struck by an automobile in Manhattan. The fracture was originally diagnosed at a non-party hospital where plaintiff’s leg was placed in a cast without surgery. Plaintiff asked the defendant physician to monitor his fracture as it healed because he did not want to return to the hospital.

In his lawsuit, plaintiff claimed that the defendant failed to recognize that his fracture worsened while he was under the defendant’s care and that the defendant improperly removed plaintiff’s cast before the fracture had healed. Plaintiff claimed that, as a result of the cast being removed prematurely, his fracture healed incorrectly.