New York County
At trial, successfully defended a major metropolitan hospital in a wrongful death/medical malpractice action involving the death of a 33 year old father of two. Plaintiffs claimed that the defendant hospital was negligent in allowing the decedent to develop a hospital acquired pneumonia after surgery. The case was defended with the use of an expert in infectious disease and the jury found no liability against the hospital.
New York County
At trial, successfully defended an ambulatory anesthesiologist in a wrongful death/medical malpractice claim involving the death of a
42 year old mother of two children who died shortly after cosmetic face surgery. Plaintiff’s counsel claimed that the defendant
anesthesiologist was negligent in that he left the patient with a nurse who was unable to handle an airway obstruction, resulting in the patient’s death. The case was defended with the use of an expert anesthesiologist and it was argued that the defendant was not
responsible for the patient’s death. The jury found no liability against the defendant anesthesiologist.
At trial, successfully defended an internist in a claim of wrongful death/medical malpractice. Plaintiff’s counsel and expert claimed
that the decedent needed to be hospitalized for his prolonged infection from diverticulitis. The father of two young children died
from a ruptured bowel due to the prolonged infection. At trial, it was argued that the decedent died from a sudden spontaneous rupture
of his bowel and that this was an unpredictable element of his condition. The jury found no liability against the defendant internist.
New York County
At trial, successfully defended a major metropolitan hospital in a medical malpractice claim involving the delay in diagnosis of a
stroke and failure to use tissue plasminogen activator (“tPA”). Plaintiff’s expert argued that the medication, if given, would have
busted the clot and restored blood flow to the brain. Plaintiff was left with residual deficits in speech and walking. At trial, it was argued that tPA was not accepted as the standard of care in treating stroke patients as it has a high risk of causing a hemorrhage. The jury found no liability against the hospital.
New York County
At trial, successfully defended individual physicians and health center in a wrongful death/medical malpractice action. Plaintiff’s counsel claimed that the physicians failed to recognize that the decedent’s rectal bleeding warranted a colonoscopy. Plaintiff was diagnosed with colon cancer 12 months after the initial visit at the health center. At trial, it was argued that the decedent failed to follow up with the
physicians as directed. The jury found no liability against the defendants.
At trial, successfully defended electrophysiologist who replaced a pacemaker lead wire causing a tear in the plaintiff’s
atrium. Plaintiff claimed that the physician used excessive force and caused the tear, requiring that plaintiff undergo
lifesaving open heart surgery to repair the atrium. It was argued that the procedure was performed in accordance with
accepted technique and that the tear was a known and accepted risk of the surgery. The jury found no liability against the
At trial, successfully defended driver and car owner in rear end collision which resulted in a claim of injury causing plaintiff to
undergo 13 surgical procedures. Plaintiff’s demand was several million dollars. Case was defended on causation with expert
engineer and surgeon. At trial it was argued that the claimed injuries were not traumatically induced and that the plaintiff’s injuries were
from a degenerative condition. The jury found that the plaintiff’s claim of injury was not caused by the car accident.
At trial, successfully defended a cosmetic surgeon regarding claims of a negligently performed breast augmentation surgery, which
caused disfigurement and sagging of plaintiff’s breasts. Plaintiff claimed that the surgery was contraindicated. The jury found no
liability against the surgeon as he advised the plaintiff of the risks, benefits and alternatives to the surgery.
After trial, successfully obtained a reversal of the jury finding of liability against a cosmetic surgeon. Plaintiff had a breast
augmentation procedure resulting in rejection of the implant, scarring and disfigurement to her breast. The trial court judge rejected the
defense request for a comparative negligence charge based on the plaintiff’s history of smoking as it could have compromised her
ability to heal post-op. The Appellate Court granted a new trial based on the trial judge’s error in failing to give a charge of comparative
New York County
At trial, successfully defended an orthopedic surgeon in a medical malpractice action involving a patient/plaintiff in need of a hip replacement. The defendant surgeon performed the hip replacement surgery that eventually failed. Subsequently, the defendant surgeon performed hip reconstruction resulting in an injury to the sciatic nerve leaving the patient/plaintiff with a drop foot requiring the use of a walker to ambulate. The case was defended with the use of an expert orthopedic surgeon. The jury accepted the argument that the injury was a known and accepted risk of the procedure and found no liability against the surgeon.
At trial, successfully obtained a jury verdict for a client in a breach of contract dispute involving a real estate venture. The verdict resulted in a favorable judgement for the client of approximately $500,000.
At trial, successfully defended OB/GYN physician in medical malpractice action venued in Kings County. Plaintiff claimed that the physician was negligent in that he failed to order additional radiographic testing to confirm the presence of an ovarian dermoid
cyst. At the time of the surgery there was no dermoid cyst found and plaintiff claimed that the surgery was not necessary. The case was defended with the use of an expert OB/GYN and argument that the plaintiff’s clinical signs and symptoms required that the surgery be performed. The jury found no liability against the physician.
At trial, successfully defended an Emergency Department physician and major metropolitan hospital in Bronx County. Plaintiff claimed that the physician and hospital failed to diagnose a severed tendon in plaintiff’s hand resulting in permanent disability to his hand. The case was defended with the use of an expert hand surgeon and infectious disease expert who stated that the plaintiff failed to properly care for his laceration resulting in infection and erosion to the tendon. The jury found no liability against the defendants.
Michael J. Morris