Resources Appellate Decisions next
May 2, 2006 Hinlicky v. Dreyfuss Court of Appeals
Guiding Principle:
The defendant anesthesiologist was allowed to testify in a medical malpractice action that he relied on guidelines published by the American Heart Association in association with the American College of Cardiology in deciding not to send the patient for a preoperative cardiac work-up.

Summary of Facts:
Marie Hinlicky, age 71, underwent an endarterectomy to remove plaque in her carotid artery. Though her surgery was completed successfully, she suffered a heart attack and died 25 days later. Ms. Hinlicky's estate brought a medical malpractice action, alleging negligence on the part of the patient's anesthesiologist, among others.

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June 13, 2006 Monir v. Khandakar Appellate Division Second Department
Guiding Principle:
Medical professionals who practice together may be held liable for each other's actions. If that is the case, a timely lawsuit against one professional may subject another to suit, even after the statute of limitations has expired.

Summary of Facts:
The patient was treated at various times between August 2000 and November 2000 by husband and wife dentists. The wife (dentist A) and husband (dentist B) both practiced in the same office, counseled the patient on possible treatment options, and performed work on the patient's teeth.

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July 13, 2006 Anderson v. Beth Israel Medical Center Appellate Division First Department
Guiding Principle:
Where a plaintiff flagrantly changes his story and fails to submit expert evidence supporting his claims of medical malpractice, his lawsuit should be dismissed.

Summary of Facts:
The plaintiff had an operation for a sinus condition. After surgery, the plaintiff was diagnosed with a blood clot in his left arm and shoulder.

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