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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 from a Supreme Court order in Onondaga County, which denied defendant Pasquale Scutari, Jr., D.D.S.'s motion for summary judgment in a malpractice case. The plaintiff alleged injuries due to the defendant's negligence in failing to remove dental packing or foreign material after surgery performed in August 2000, with the lawsuit initiated in November 2008. The defendant argued that the claim was time-barred and that the surgery met accepted dental standards. The appellate court affirmed the lower court's order without costs, citing two main reasons. First, the defendant did not satisfy the burden of proof regarding the statute of limitations. Under CPLR 214-a, a malpractice claim based on the discovery of a foreign object can be filed within one year of its discovery. The plaintiff discovered the foreign object within this timeframe and demonstrated consistent inquiries to medical professionals about his condition post-surgery, thus raising a factual issue regarding the timing of the discovery. Second, the defendant failed to prove that the surgery complied with accepted dental practices. His inability to recall the specifics of the surgery and insufficient general testimony about his procedures did not establish that he adhered to professional standards. Additionally, the plaintiff's expert affirmation created a triable issue of fact, indicating that the case should proceed to trial rather than be dismissed.