Tall Tales by Plaintiff at her Deposition Aids in Dismissal of Wound Infection Case

by | Jun 2, 2020 | Case Results, Medical Malpractice | 0 comments

Senior Partner, Anthony Sola, Partner, Thomas Kroczynski, and Associate, Kerona Samuels represented a Gynecologist who performed an elective hysterectomy on the 45 year old plaintiff.  Ten days later, the plaintiff returned to the hospital where she was diagnosed by an Infectious Diseases physician with a wound infection with an infected seroma and she received IV antibiotics for 2 weeks.  The plaintiff alleged she was prematurely discharged after the hysterectomy and that the Gynecologist failed to properly and timely diagnose and treat the infection.

Supreme Court Suffolk County granted summary judgment on the basis that the Affirmation of the plaintiff’s expert was not in admissible form and did not address other legal and medical arguments that we made.  However, in a ten-page, single-spaced Order, the Court repeatedly cited less than credible portions of the plaintiff’s deposition testimony, including that she never read two separate consent forms that she signed before the hysterectomy, that she physically struggled with a Nurse who removed half of her surgical staples on the day of discharge while screaming for a doctor because she knew from past experience that staples are not removed until 10 days post-operatively and that her celiac disease, hiatal hernia and numerous other ailments were caused by the infection.