Verdicts

A New York court granted partial summary judgment to a medical malpractice plaintiff who showed that a burn she received from a surgical instrument's careless placement on her abdomen during surgery was not a 'complication of surgery.' Sweeney v. Budnik, 19 Misc.3d 1113(A), Slip Copy, 2008 WL 880203 (Table) (Sup. Ct., Dutchess Cty. 4/2/08).

The plaintiff patient moved for partial summary judgment on liability against the defendant doctor in this medical malpractice suit. She claimed she suffered a burn that left a permanent scar on her abdomen, an injury that was not a risk associated with her laparoscopic gallbladder surgery. The doctor admitted causing the injury, but argued it was due to a complication of surgery, and not because she deviated from accepted medical standards. The plaintiff's expert concluded the injury was caused by the doctor's carelessness in leaving electrified scissors with the wire still attached on the plaintiff's stomach. The expert said that this action was a deviation from accepted medical practices, not a complication of surgery. The court agreed, finding the plaintiff established her prima facie entitlement to summary judgment against the defendant, who admitted misusing surgical equipment, and thus had departed from accepted medical procedures and caused the plaintiff's injury. Therefore, the motion for partial summary judgment was granted.