New York Appellate Court Reinstates Claims Surgeon Missed Bowel Perforation

(November 23, 2020, 9:42 PM EST) -- NEW YORK — A New York appellate court reversed summary judgment to a surgeon and others on Nov. 10, reinstating claims that the surgeon failed to diagnose and repair a bowel perforation during a woman’s gastric band placement surgery.  It concluded that the surgeon failed to establish that an expert’s opinion was based on admissible habit evidence (Maria Guido, et al. v. George Fielding, et al., No. 2019-03487, N.Y. Sup., App. Div., 1st Dept., 2020 N.Y. App. Div. LEXIS 6611)....

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