Split Panel Allows Med Mal Suit Over Contraceptive Device to Proceed
A split First Department panel allowed the lawsuit against Montefiore Medical Center, brought by a 17-year-old who suffered a pulmonary embolism and brain damage, to proceed based largely on a physician's statements that, "if the nurse practitioner had removed the NuvaRing, and referred plaintiff for further assessment, all of the subsequent injuries and complications suffered by plaintiff would have been avoided."
June 16, 2017 at 06:01 PM
4 minute read
A medical malpractice lawsuit must continue because an expert raised factual issues over whether a nurse practitioner should have instructed her patient to remove a NuvaRing contraceptive device, a divided Manhattan appeals court ruled.
A 3-2 panel of the Appellate Division, First Department, allowed the lawsuit against Montefiore Medical Center brought by Sarah Adams, who suffered a pulmonary embolism and brain damage, to proceed based largely on a physician's statements that, “if the nurse practitioner had … removed the NuvaRing, and referred plaintiff for further assessment, all of the subsequent injuries and complications suffered by plaintiff would have been avoided.”
Justices Sallie Manzanet-Daniels, Troy Webber and Angela Mazzarelli affirmed in part Bronx County Supreme Court Justice Douglas McKeon's 2016 denial of Montefiore's summary judgment motion.
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