Senior Trial Partner Rosaleen T. McCrory and Partner Samantha E. Shaw successfully obtained a Defense Verdict in a case involving a then 58-year-old female, who underwent a colonoscopy/polypectomy at a New York City hospi颅tal, which was part of a live broadcast for an annual gastroenterology association conference. The procedure was per颅formed by a visiting, world renowned endoscopic specialist who obtained special privileges to perform the proce颅dure at the hospital for the conference. Plaintiff ultimately suffered a perforat颅ed ascending colon, a complication of the procedure. A repair was effectuated, and plaintiff subsequently required a hemicolectomy due to the resected pol颅yp being positive for malignancy.
Between a pre-answer motion to dismiss and a motion for summary judgment made after the completion of discovery, 中出少妇successfully had causes of action and claims sounding in fraud and de颅ceit, violation of the Education Law and violation of the General Business Law, negligent credentialing and all direct claims of medical malpractice against the hospital dismissed. The matter pro颅ceeded to trial against the hospital only for claims of vicarious liability for the co-defendant physicians who remained parties to the action and lack of in颅formed consent for both the procedure and to live broadcast the procedure.
As the perforation was a known risk of the procedure, the trial focused large颅ly on informed consent. Ms. McCrory established that the plaintiff had in颅formed consent discussions with var颅ious providers in the weeks before the procedure as well as on the day of the procedure, she clearly knew that the procedure was being live broadcast, and she signed several Consent forms for the procedure and the live broadcast. Ultimately, a defense verdict was ren颅dered with the jury finding that plaintiff was aware of the live broadcast and that surgery was an alternative option but that a reasonable person would have chosen a polypectomy via colonoscopy as was performed here.
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