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Case Manager: Christie Woo
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• Patient alleged that his physician's treatment of his occular fungal infection caused blindness in one eye. The allegation was disputed by Respondents, who argued that the physician acted within the standard of care, diagnosis and treating the rare and aggressive fungal strain in an attempt to save the patient's vision.
  
• ​Claimant alleged that the radiologist failed to identify and diagnose a visible sarcoma, which was below the standard of care. Claimant alleged that their expert would opine to a medical certainty that the delay of ten months in detecting and treating the cancer prevented Claimant from having curative treatment that to a reasonable medical probability would have increased his survival rate and that the delay in diagnosis will cause his death within a year.  Respondent denied and alleged that their expert would opine otherwise, and that Claimant's "lost chance" defense would fail.
  
• ​Medical malpractice action brought against a surgeon and a hospital when a surgical sponge was left in a patient during surgery, causing complications.
  
• Medical malpractice action brought against cardiologist over the diagnosis and treatment of a patient with a pacemaker.
  
• Medical malpractice action brought against a plastic surgeon following breast implant replacement and bilateral mastopexy as a result of the patient’s dissatisfaction with a subsequent scar revision surgery.
  
• Medical malpractice, wrongful death, battery, and intentional infliction of emotion distress action brought against a hospital and several physicians by the decedent’s heir, alleging that the doctors and staff were negligent implementing a comfort care treatment plan for the decedent, failed to obtain consent and fell below the standard of care in their treatment of the patient’s medical conditions.
  
• Dental malpractice action brought against an oral surgeon alleging that the oral surgeon fell below the standard of care in not taking steps to determine that the Penrose drain he temporarily placed in the patient’s mouth, following surgery for a dental abscess, fell into the wound rather than out of the patient’s mouth. Following surgery, the oral surgeon had the patient admitted overnight to the hospital and saw him for follow up in his office the next day. The patient at that time reported to the oral surgeon that the drain was missing or had fallen out. There was no further pain and the patient healed from the dental surgery. However, the drain had not fallen out, and over time it migrated to the patient’s neck and remained there unknown to Plaintiff for over two years, until he later experienced pain and a mass in his neck which, when removed and dissected, revealed the presence of the Penrose drain.
  
• Action against a dermatologist and compounding pharmacy for causes of action including medical negligence and strict liability for defective product after Plaintiff suffered permanent damage to her eyes in connection with an anesthetic applied to Plaintiff’s face in the course of a skin care treatment. 
  

 Hon. MICHELLE R. ROSENBLATT (Ret.) 

Representative Cases 

MEDICAL MALPRACTICE