New York Partner Maryanne Kolenovsky Obtains a Defense Verdict in Nassau County Medical Malpractice Case

Published on March 29, 2024

Mineola, NY (March 29, 2024) – On March 22, 2024, Rawle & Henderson New York Partner Maryanne Kolenovsky obtained a defense verdict in a medical malpractice case filed against a breast surgeon in the Supreme Court of New York for Nassau County. The plaintiff, who underwent a double mastectomy, filed suit because she claimed that the breast surgeon did not give her the option of a more conservative surgery, which she claimed resulted in a failure to obtain informed consent.

Plaintiff was diagnosed with breast cancer that was not detected on mammogram or sonogram. The defendant, who had seen her for a benign cyst, recommended that she should have an MRI which, when performed resulted in the detection of breast cancer.

Plaintiff alleged that the doctor told her the cancer was aggressive and that she needed a bilateral mastectomy. The doctor then directed her to a plastic surgeon to discuss restorative options.

After the surgery, the plaintiff developed a post-mastectomy pain syndrome requiring multiple subsequent surgeries before she was pain free.

While the jury held that the defendant did not provide adequate information to the patient, they issued a defense verdict to Ms. Kolenovsky’s client after finding that a reasonable person would have consented to the bilateral mastectomy surgery even if they had been given that information.

Providing valuable assistance on the case were attorneys Derek Barrett and Steve Levy and paralegal Melinda Rodriquez, who was in court for the entire trial offering tech and paralegal support. Congratulations to all!

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