O'TOOLE v. GOODMAN

8489, 301137/08.

170 A.D.3d 615 (2019)

96 N.Y.S.3d 564

2019 NY Slip Op 02415

Marianne O'Toole et al., Appellants, v. Elliot Goodman, M.D., Respondent, et al., Defendants.

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

Decided March 28, 2019.


Plaintiffs claim that defendant Goodman, a private attending bariatric surgeon with privileges at Holy Name Hospital in New Jersey who performed a gastric bypass on plaintiff Lee Green (patient), failed to timely resume the patient's Lexapro prescription while he was recovering from complications in the intensive care unit (ICU). The patient had a medical history of using Lexapro, a selective serotonin reuptake inhibitor, to manage his anxiety. As a result of this failure...

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