MIRABELLA v. THE MOUNT SINAI HOSPITAL


43 A.D.3d 751 (2007)

842 N.Y.S.2d 17

GRACE MIRABELLA et al., Appellants, v. THE MOUNT SINAI HOSPITAL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 25, 2007.


After the April 3 operation, plaintiff suffered a leak of bowel contents into her abdomen, causing infection and pain and requiring a second operation to repair the leak, which was performed on April 5. Defendant surgeon testified at deposition that during the April 3 operation, he did not seem to have any problems with the disposable surgical staplers he used, that he visually observed that the staples were in place, and that he also performed a leak test using saline irrigation...

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