Venue: Supreme Court, Suffolk County

Facts: Plaintiff asserted malpractice against his attending surgeon and a major metropolitan area hospital, claiming that a surgery was performed on the wrong portion of his body. As a result, plaintiff purportedly required further medical treatment and a subsequent surgical procedure.

Motion: Summary Judgment was filed on the grounds that plaintiff had not, and could not, assert any specific departure on the part of the hospital. Plaintiff initially countered that surgery was blatantly performed on the wrong portion of plaintiff’s body, and that the nursing staff should have ensured the surgery was performed at the proper location. However, in light of the persuasive motion papers submitted in support of the motion, plaintiff voluntarily discontinued the claim against the hospital with prejudice rather than face dismissal by the trial court.

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