Patient injured in 1999 surgery: case still not tried or settled.

JAMES ROEMER BROUGHT SUIT AGAINST MOUNT SINAI HOSPITAL, DR. CHARLES MILER, DR. SUKRU EMBRE, AND DR. AVTAR GILL FOR MEDICAL MALPRACTICE AND LACK OF INFORMED CONSENT. He alleged that on or about July 23, 2001, he incurred severe personal injuries while undergoing a left hepatectomy and cholecystectomy in conjunction with donating a left liver lobe for transplantation in a friend. The surgery to remove a portion of Roemer's liver was performed on January 29, 1999. The surgery was performed at Mount Sinai Surgical Hospital by Dr. Charles Miler and Dr. Sukru Emre. Drs. Miler and Emre were assisted by Dr. Ben-lhaim. The attending anesthesiologist was Dr. Gabrielson, and the resident anesthesiologist was Dr. Avtar Gil. In preparation for the surgery the patient was placed in a supine position with both arms on arm boards extended less than ninety degrees. Anesthesia was begun at 10:39 a.m., surgery started at 11:38 a.m., the procedure ended at 5:11 p.m., and anesthesia ended at 5:47 p.m. Hospital records indicated that the surgery itself was completed without complication. However, immediately after surgery the patient complained of left shoulder pain; an x-ray was ordered, but the films did not show any dislocation. The patient also complained of numbness in all fingers bilaterally. The pain service noted that the patient had a weak hand grip bilaterally at 8:0 a.m. When tested again at 8:45 p.m., the patient had regained normal strength in the right hand, although the left hand still had decreased strength. By January 30, 1999, the patient was still experiencing numbness in his left hand and arm. It was noted that the patient's complaints of numbnes were passably due to positioning during surgery. The symptoms appeared to have improved over the next few days the patient remained in the hospital. By February 3, 1999, the patient's discharge date, hospital records reflected that the patient's post-operative shoulder pain due to "retractor injury" had resolved, and that there was no neurological damage. The patient was discharged in stable condition and instructed to follow-up in the hepato-bilary clinic. On February 18, 1999, the patient consulted a neurologist, Dr. David Bronster, complaining of pain in his left shoulder, numbnes into his hand, occasional pain in his left tricep, and numbnes in his thumb and first two fingers. Dr. Bronster's notes indicted that the patient's hand was weak, and his impresion was brachial plexus versus cervical radiculopathy. Electromyography study (EMG) results were consistent with left-sided carpel tunnel syndrome. The defendants moved to dismiss the patient's case.

THE SUPREME COURT OF NEW YORK DENIED THE DEFENDANTS' MOTION IN ITS ENTIRETY. The court held, inter alia, that the proponent on a motion for summary judgment must make a prima facie showing of entitlement to judgment as a mater of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. The failure to make such a prima facie case requires denial of the motion regardless of the ...