Case Conclusion Date:April 30, 2010
Practice Area:Medical Malpractice
Outcome:Reversed, but dismissed against my client at the trial court level with no payment for medical malpractice
Description:A prisoner was injured during a fight with other inmates, sustaining a tibial fracture, and was sent to an Emergency Room, where he was treated by my client, a board certified emergency room physician. She stabilized the fracture, and discharged the patient for follow up with an orthopedic surgeon for further evaluation, but there was a few week delay after the patient returned to the prison. The plaintiff/patient was unable to obtain a Board Certified Expert to criticize my client, so I successfully had the case dismissed at the trial court level. The plaintiff appealed by arguing that under the common knowledge exception, he did not need an expert. The appellate division reversed, but upon the return to the trial court level the case was dismissed without any payment by my client for medical malpractice.