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Chavis v. Syracuse Community Health Center, Inc.
Citations: 96 A.D.3d 1489; 947 N.Y.S.2d 857
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 2012; New York; State Appellate Court
An appeal was made regarding the Supreme Court of Onondaga County's order from August 5, 2011, which denied the motion for summary judgment filed by defendant Pasquale Scutari, Jr., D.D.S. The plaintiff initiated a malpractice action alleging injuries from Scutari's negligence, specifically for failing to remove dental packing or foreign material post-surgery performed in August 2000, with the lawsuit filed in November 2008. The defendant contended that the case was time-barred and that the surgery conformed to accepted dental standards. The court affirmed the lower court's denial of the summary judgment motion. It concluded that the defendant did not satisfy his initial burden regarding the statute of limitations, as the malpractice claim is allowed to be filed within one year of discovering the foreign object or facts leading to its discovery. The court noted that the plaintiff discovered the object within the appropriate timeframe and had made timely inquiries regarding his condition after surgery. Additionally, the defendant was unable to demonstrate that he performed the surgery according to accepted dental practices. His lack of recollection about the specific surgery, combined with insufficient general procedural evidence, failed to establish his compliance with professional standards. Even if he had met his burden, the plaintiff's expert testimony introduced a triable issue of fact, justifying the denial of summary judgment. The order was unanimously affirmed without costs.