New York Court Affirms Dismissal Of Claims Alleging Unwanted Surgical Procedure

Mealey's (November 9, 2020, 7:09 PM EST) -- ALBANY, N.Y. — A woman’s claims that surgeons derotated her pelvis during spine surgery without her consent were untimely filed, a New York appellate court said Nov. 5, affirming a trial court’s dismissal.  It said her claims of an intentional act constituted battery, not negligence, and therefore a different statute of limitations applied (Lisa M. Young v. Khalid Sethi, et al., No. 530445, N.Y. Sup., App. Div., 3rd Dept., 2020 N.Y. App. Div. LEXIS 6530)....