Montfort, Healy Senior Partner Michael J. Boranian recently obtained a defendant’s verdict in a medical malpractice case that was tried in Nassau County Supreme Court on behalf of a local medical center and two individual plastic surgeons who were accused of alleged improper performance of surgical repair after a chain saw accident.
The plaintiff was brought to the hospital after injuring his left hand with a chain saw while on the job. The initial injury had nearly severed the plaintiff’s thumb and had severely injured the nerves and musculature to the fourth and fifth fingers as well. The essence of the plaintiff’s claim was that the surgical repair was inappropriate and, therefore, left the plaintiff with a greater residual limitation than he otherwise would have experienced.
Mr. Boranian successfully argued that the initial injury was severe, the surgical technique employed by the attending surgeon and the resident was absolutely appropriate, and that the defendant surgeons competently and skillfully restored function to the plaintiff’s hand, which would have otherwise been much more severely limited.
In addition to the testimony of the parties, the court and the jury heard testimony from the plaintiff’s surgical expert, a subsequent treating surgeon and the defendant surgical expert. Upon cross-examination, Mr. Boranian was able to obtain concessions from both the plaintiff’s expert (hand surgeon) and the subsequent treating hand surgeon regarding both the underlying injury and the surgical technique employed.
The jury verdict was 6-0 in favor of the defendants.