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Partner Michael J. Boranian had previously successfully obtained a directed verdict on behalf of his client, a Hospital and its critical care specialist, following a transfer from a codefendant Hospital, regarding the care of the then30-year-old female plaintiff. After determining that the plaintiff was stable, the decision was made by the co 鈥揹efendant surgeon to wait until the morning to perform surgery, while the surgeon remained in the Hospital overnight. The surgeon instructed staff to notify him of any changes in the patient鈥檚 condition.
Atone point, the plaintiff鈥檚 blood pressure dropped, but the surgeon was not notified. Upon learning of the change, the surgeon did not immediately operate. Postoperatively, the plaintiff developed a blood clot, which ultimately necessitated a leg amputation.
At trial, the plaintiff鈥檚 expert testified that hospital staff departed from the standard of care by failing to notify the surgeon of the drop in blood pressure and the change in the plaintiff鈥檚 condition. However, no evidence was adduced at trial to show that the co-defendant surgeon would have intervened earlier had he been notified of the change in the plaintiff's condition.
At the close of the plaintiff鈥檚 case, Mr. Boranian moved for a directed verdict, arguing that the plaintiff had failed to establish proximate cause, as there was no evidence from which the jury could have inferred that the surgeon would have intervened sooner if he had been informed of the change in the plaintiff鈥檚 condition. After considerable argument, the trial court granted the motion and granted the motion for a directed verdict.
After continuing with the trial and reaching a significant settlement with the remaining defendants, the plaintiff appealed the granting of the directed Verdict. On appeal, the Second Department affirmed the trial court鈥檚 decision, agreeing with Mr. Boranian's arguments that the requisite connection between the alleged departure and plaintiffs鈥 injuries had not been established. The Court concluded that any decision against his client would have been based purely on speculation.
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