In our August Anesthesia and OR Review we shared a story “Overlapping surgery deemed negligent in $2M jury award” discussing a New York Supreme Court jury’s unanimous decision to issue a 2 million dollar malpractice verdict against a surgeon (Dr. Greenky) who routinely staggered joint replacements in two to three OR’s.
A follow-up to this story explains that Greenky’s attorney asked the court to throw out the verdict arguing that the doctor did not get a fair trial because the patient’s attorney did not provide evidence that Greenky’s use of staggered surgery was inappropriate. He also stated that the opposing counsel falsely implied that Greenky’s reason for staggered surgery was money, not patient care.
The New York State Supreme Court Judge upheld the malpractice verdict stating that the staggered surgeries “was merely the ski train on which the negligence of this doctor took place” and the issue was that the patient’s thigh was fractured and Greenky failed to repair it.
Greenky’s attorney disagrees with the judge’s decision and will appeal to the state Supreme Court Appellate Division fourth department.