Medical Malpractice Lawsuit for Herniated Disk Survives Summary Judgement
On October 30, 2015, Dr. Ashesh Dinesh Mehta conducted two lower back surgeries on Ms. Teameia Prunty at North Shore University Hospital to alleviate her lower back pain. After her surgeries, Ms. Prunty woke up with excruciating pain in her lower back, which continued indefinitely. A post-operative MRI indicated the presence of residual or re-herniated disc material which pressured the nerve root at the surgical site was causing this pain. On November 5, 2015, Dr. Mehta conducted the same surgical procedure and removed supplementary disc material from beneath that nerve root. This time it resulted in Ms. Prunty waking up with loss of sensation in her lower right leg. Dr. Mehta conducted two further surgeries on her back, specifically on November 5, 2015, and November 19, 2015, but her condition remained unchanged. Ms. Prunty filed a lawsuit on June 8, 2017, asserting in the first cause of action that Dr. Mehta's negligent execution of a laminectomy on October 30, 2015, resulted in her sustaining significant personal injuries. Dr. Mehta filed a motion for summary judgment to dismiss Ms. Prunty’s complaint.
The Lawsuit
To support the Motion for summary judgment, Dr. Mehta submitted an affirmation from his medical expert who testified that Dr. Mehta correctly performed both the surgeries in 2015. Further, the medical expert also argued that even if Dr. Mehta accidentally injured a nerve in Ms. Prunty’s lower back during the surgeries, it wouldn’t explain the other injuries to her leg as those involved different nerves. However, in his affirmation the medical expert failed to explain how those other injuries might have happened if Dr. Mehta wasn’t responsible for them.
On January 17, 2020, the Nassau County Supreme Court dismissed Dr. Mehta’s motion for summary judgment and held that in a medical malpractice case, the Defendant must prove either that they followed accepted medical practices or that any mistakes they made did not cause the Plaintiff any injuries at all. The Court further held that Dr. Mehta and his medical expert in this case simply provided general or vague opinions which were not enough to win the case without a trial. The medical expert’s claim that Dr. Mehta did nothing to cause Ms. Prunty any injuries was vague and did not address key questions, such as how the unexplained injuries occurred while Ms. Prunty was under anesthesia. The Court noted these unresolved issues and emphasized on the need to decide them at trial while dismissing the Defendants’ motion for summary judgment. Defendants appealed on grounds that the Court had unfairly dismissed their motion as the medical expert was not required to provide their opinion on unrelated injuries.
The Appeal
In Prunty vs. Mehta the Appellate Court upheld the Supreme Court’s judgment. Appellate Court firstly acknowledged that Dr. Mehta’s medical conduct was questionable as he had to re-do the surgery due to the presence of residual or reherniated disc material which pressured the nerve root. The Court also held that the injuries in Ms. Prunty’s lower leg were not unrelated as they were caused right after Dr. Mehta performed surgeries on her and therefore the medical expert was required to clarify the cause of these injuries. Further, the Appellate Court also held that Dr. Mehta along with the medical expert who testified for him failed to correctly address if Dr. Mehta departed from the standards of good and acceptable medical practice or not. The Appellate Court also relied on similar cases to form its opinion and finally held that determination of whether or not, Ms. Prunty’s leg injuries were a direct consequence of Dr. Mehta’s negligence is something that necessitates a trial. Currently, the motion for summary judgment filed by the Defendant is dismissed and the matter is under trial. We remain committed to keeping you informed as the case progresses. We will provide another update as soon as there is significant progress to share.
Sternberg Injury Law Firm
Established in 2016, Sternberg Injury Law Firm takes on various injury cases, including medical negligence cases with an objective of achieving justice for our clients. We serve clients throughout New York State, including locations such as Manhasset, Port Washington, and Roslyn, and we offer free consultations to injury victims. Our experienced attorneys will carefully evaluate your case to determine the best course of action and provide dedicated support. Committed to obtaining the maximum compensation you deserve, our goal is to allow you to concentrate on your recovery while we handle the legal complexities. Reach out today via our website, email, or phone to begin your journey toward justice.