Fourth Department – Medical malpractice: Hutchins v. Mestad

Listen to this article

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Medical malpractice — Failure to inspect source of bleeding

Hutchins v. Mestad

CA 24-00772

Appealed from Supreme Court, Onondaga County

Background: The plaintiff alleged that the defendant doctor failed to notice her omentum was injured during a cesarean section and failed to address it before closing the surgical incision. She appealed from the grant of summary judgment to the defendants.

Ruling: The Appellate Division reversed. The court held that the plaintiff’s expert raised triable issues of fact sufficient to defeat summary judgment. The expert opined that the doctor deviated from the standard of care by inspecting only that portion of the omentum that was in her visual field and failed to inspect that portion of the omentum not in her visual field prior to closing the plaintiff’s abdomen. The expert further opined that the defendant doctor failed to obtain hemostasis and never located the source of bleeding prior to completing the procedure.

John A. Cirando, of DeFrancisco & Falgiatano for the plaintiff-appellant; Jenna W. Klucsik, of Sugarman Law Firm, and Matthew C. Walsh, of Gale Gale & Hunt, for the defendants-respondents.

Oral argument video