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April 2026 The case involved a medical malpractice action against New York City Health and Hospitals Corporation. The City had succeeded in dismissing plaintiff patient's complaint in a summary judgment motion, NY CPLR 3212 - New York Civil Practice Law and Rules. This meant demonstrating no triable issue of fact.
The case involved a surgery where the hospital had inadvertently lacerated plaintiff's bladder during pelvic surgery. Although the defendant had filed a motion for summary judgment, plaintiff produced an affidavit from their expert supporting the theory that surgeons deviated from the standard of care because they did not perform a retrograde bladder fill prior to separating the uterus from the adhesions connecting it to the bladder.
Expert's affidavit, together with medical records documenting the presence of significant adhesions in plaintiff's pelvis, created an issue of fact that justified trial (Diaz v New York Downtown Hosp., 99 NY2d 542, 544 [2002]; Cregan v Sachs, 65 AD3d 101, 108-109 [1st Dept 2009]). Opposing defendant's position, plaintiff did submit bill of particulars, which supported the possibility of improper surgical technique (DB v Montefiore Med. Ctr., 162 AD3d 478, 478-479 [1st Dept 2018]).
New York City Health and Hospitals Corporation is the largest municipal health care system in the US. They operate 11 major hospitals in the metro New York area. Read more about the case .
The case involved a surgery where the hospital had inadvertently lacerated plaintiff's bladder during pelvic surgery. Although the defendant had filed a motion for summary judgment, plaintiff produced an affidavit from their expert supporting the theory that surgeons deviated from the standard of care because they did not perform a retrograde bladder fill prior to separating the uterus from the adhesions connecting it to the bladder.
Expert's affidavit, together with medical records documenting the presence of significant adhesions in plaintiff's pelvis, created an issue of fact that justified trial (Diaz v New York Downtown Hosp., 99 NY2d 542, 544 [2002]; Cregan v Sachs, 65 AD3d 101, 108-109 [1st Dept 2009]). Opposing defendant's position, plaintiff did submit bill of particulars, which supported the possibility of improper surgical technique (DB v Montefiore Med. Ctr., 162 AD3d 478, 478-479 [1st Dept 2018]).
New York City Health and Hospitals Corporation is the largest municipal health care system in the US. They operate 11 major hospitals in the metro New York area. Read more about the case .
