Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion: Papers Numbered Notice of Motion/Cross Motion/Order to Show Cause and Affidavits (Affirmations) Annexed 1, 2 Opposing Affidavits (Affirmations) 3 Reply Affidavits (Affirmations) 4, 5, 6 DECISION/ORDER Upon the foregoing papers in this medical malpractice action, defendants move, pursuant to CPLR §3212, for summary judgment, dismissing plaintiff’s complaint in its entirety, and directing the Clerk of the Court to enter judgment in favor of the defendants. Plaintiff commenced this action by filing a summons and complaint on February 6, 2018 (Summons & Complaint, annexed as Exhibit C to defendants’ motion papers; Defendants’ Affirmation in Support 9). Issue was joined on March 15, 2018, and plaintiff served bills of particulars on June 14, 2018 (Id. at
9, 10; Answers annexed as Exhibit D to defendants’ motion papers; Verified Bills of Particulars annexed as Exhibit E to defendants’ motion papers). A supplemental bill of particulars was served on November 16, 2018 (Defendants’ Affirmation in Support 12; Supplemental Verified Bill of Particulars, annexed as Exhibit G to defendants’ motion papers). In his complaint and bill of particulars, plaintiff alleges that Dr. Gottesman departed from good and acceptable medical practice in his treatment of the plaintiff at Madison Surgical Associates, P.C. from February 12, 2016 through August 5, 2016 by “failing to take note of or adequately respond to plaintiff’s manifested signs, symptoms and complaints,” “negligently operating on the plaintiff,” neglecting to obtain plaintiff’s informed consent for the hemorrhoidectomy, and “fail[ing] to provide plaintiff with appropriate pre- and post-operative instruction and care” (Complaint 7; Verified Bill of Particulars as to Dr. Gottesman 1; Verified Bill of Particulars as to Madison Surgical Associates, P.C. 5; Defendants’ Affirmation in Support 5). As a result of defendants’ alleged malpractice, plaintiff is claiming to have sustained the following injuries: damage to sphincter muscle, continued bleeding, continued fecal leakage, pain, diarrhea, and embarrassment (Verified Bill of Particulars as to Dr. Gottesman 4). The following facts are not in dispute. Plaintiff “developed rectal bleeding with bowel movements” during the summer of 2015 (Defendants’ Affirmation in Support 16). He testified that he went to three proctologists, who diagnosed him with hemorrhoids, but did not undergo further treatment with any of these physicians (Id. at
