A medical malpractice plaintiff cannot assert a new liability theory after the doctors and hospital she sued presented prima facie evidence that her hearing loss was a reasonable result of surgery, a Manhattan appeals court has ruled.
An Appellate Division, First Department, panel dismissed Brooke Biondi’s suit against surgeon David Behrman and New York-Presbyterian Hospital, among other defendants, reversing a 2015 ruing by Manhattan Supreme Court Justice Douglas McKeon.
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