Robert Fitch Obtains Defense Verdict in a Plastic Surgery Medical Malpractice Action in Richmond County New York Supreme Court

Published on June 20, 2023

New York NY (June 13, 2023) – Partner Robert A. Fitch obtained a defense verdict for a plastic and reconstructive surgeon in the Supreme Court of New York, Richmond County on June 9, 2023. The case sounded in medical malpractice and concerned the alleged failure to properly perform a Cesarean scar revision and limited abdominoplasty, as well as the alleged mismanagement of a post-operative hematoma. The plaintiff in the case alleged injuries to her ilioinguinal and iliohypogastric nerves, as well as scar deformity and permanent disfigurement, as a result of this treatment. At summation, opposing counsel asked the jury to award $2.4 million.


Using medical records, anatomical illustrations, and expert testimony, Mr. Fitch skillfully  established that the nerve distributions at-issue were not within the operative field, and were otherwise protected by multiple layers of tissue away from the site of the surgeon’s treatment. He also identified contradictions in the medical records regarding the nature and onset of complaints, showing that such complaints were inconsistent with damage to these particular nerves and unrelated to the surgeon’s treatment.


In sum, Mr. Fitch established that the surgeon’s performance of the scar revision and limited abdominoplasty, as well as her post-operative management of the patient, comported at all times with the professional medical standard of care.


Associate Michael L. Moretti was second seat in the trial, and successfully rebutted opposing counsel’s attempt to preclude the admissibility of impeachment evidence against the plaintiff’s plastic surgery expert. Mr. Moretti successfully argued to preclude plaintiff’s expert from offering testimony on an uncredible theory of causation that was not properly disclosed prior to trial.


The jury deliberated for less than 90 minutes before rendering a defense verdict for the surgeon.



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