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Evans v. Esposito
Citation: 2019 NY Slip Op 8138Docket: 10323 21144/11
Court: Appellate Division of the Supreme Court of the State of New York; November 11, 2019; New York; State Appellate Court
Original Court Document: View Document
Joyce Evans filed a malpractice lawsuit against Darren Esposito, M.D., and Akinori Adachi, M.D., among others, concerning the delay in treatment for a diagnosed fistula. The Supreme Court of Bronx County denied the defendants' motions for summary judgment to dismiss the complaint, which the Appellate Division, First Department, unanimously affirmed without costs on November 12, 2019. The defendants argued they established a prima facie case that their actions did not cause any injury to the plaintiff, supported by medical records and expert testimony. However, the plaintiff raised genuine issues of fact regarding the defendants' negligence. Notably, the plaintiff's expert indicated that a fistula requires prompt surgical intervention and that delays can exacerbate symptoms and increase infection risks. The plaintiff experienced a three-month delay before receiving surgical treatment after her diagnosis. Key points from the case include that although Dr. Adachi confirmed the diagnosis and the need for follow-up, he failed to schedule an appointment to discuss the test results or respond to the plaintiff’s inquiries. Dr. Esposito appropriately referred the plaintiff to specialists, but the record did not definitively show that he was uninvolved in her ongoing care. The plaintiff's testimony suggested that there might have been a referral to a surgeon that was not properly executed in July 2009. This ruling underscores the determination that issues of fact regarding negligence and causation remain, warranting further examination in court.