As to HSS, the court clearly held that because the cross motion was filed impermissibly [*5]late with no reason offered for the lateness, it should be denied. Differences necessarily exist because [plaintiff] was a patient at HSS for an extended time before he came to [HJD]. Cross, MD . The same expertise that has earned HSS the #1 ranking for orthopedics in the world by Newsweek and the #1 ranking in the U.S. 13 years in a row according to U.S. News & World Report* is available locally through a unique collaboration with the caring experts at Stamford Health. Your email address will not be published. [*9]. However, the solution, the Court of Appeals explains, is not for the courts to overlook or bend CPLR 3212(a) to fit the particular circumstances, but for "practitioners [to] move for summary judgment within the prescribed time period or offer a legitimate reason for the delay" (id.). He is board certified in Orthopedic Surgery and graduated from VANDERBILT UNIV SCH. Only after the extent of a duty has been established as a matter of law may a jury resolve as a question of fact whether a particular defendant has breached that duty with respect to a particular plaintiff" (citing Kimmell v Schaefer, 89 NY2d 257, 264 [1996]). If it was indeed the Legislature's intent to preclude dilatory conduct, not to deprive a court of the ability to resolve an entire case summarily, then it falls within the observation of the United States Supreme Court in Holy Trinity Church v United States (143 US 457, 472 [1892]) that "however broad the language of the statute may be, the act, [*15]although within the letter, is not within the intention of the legislature, and therefore cannot be within the statute.". McAloon & Friedman, New York (Gina Bernardi Di Folco of counsel), for respondent. Michael Cross is a provider established in Indianapolis, Indiana and his medical specialization is Orthopaedic Surgery with more than 17 years of experience. He further opined that had the surgery been performed in 2003, plaintiff's "final outcome would have been substantially improved and he would not have sustained such a severe degree of weakness and loss of function of his right upper extremity." However, the expert failed to support his assertion with an analysis of the multiple diagnostic tests and physical examinations conducted over the years. The gravamen of his claim is that HSS and HJD failed to timely perform surgery upon him, leaving him with neurological and muscular damage that would not have occurred had the surgery been performed earlier. To prevail on a summary judgment motion, the moving party must produce evidentiary proof in admissible form sufficient to warrant the direction of summary judgment in his or her favor (GTF Mktg., Inc. v Colonial Aluminum Sales, 66 NY2d 965, 967 [1985]). Dr. Cross joined HSS as a clinician-scientist and currently has over 55 publications and has received numerous research awards at local, regional, and national levels, including the 2013 Frank Stinchfield Award from the Hip Society and the 2013 OREF/ORS Travel Award in Translational Research from the Orthopaedic Research Society. Dr. Michael A. Cross, MD | Radiation Oncologist | US News Doctors He met with another HSS doctor on October 22, 2004, who wrote that the plan was to have plaintiff return in November to see Frelinghuysen "for booking of his anterior disc fusion surgery." Although the system mainly runs in the . HSS appealed from the denial of its "cross motion" and plaintiff cross-appealed from the grant of HJD's motion. This opinion is uncorrected and subject to revision before publication in the Official Reports. "[FN4] There are sufficient discrepancies in the record and in the experts' opinions that raise questions of fact regarding HSS's course of treatment beginning in 2004, if not earlier. OrthoIndy Hospital is physician-owned and operated. This was supported by Dr. Hecht's finding that there was no substantial neurological improvement in plaintiff's condition after his surgery at Mt. As defendant Hospital for Special Surgery (together with codefendants Frelinghuysen and Girardi, HSS) concedes, its cross motion was untimely, and it did not allege any good cause for its delay. Electrical studies performed on October 26, 2006 revealed no significant change from those done in 2005 although there was evidence of fibrotic changes; [*4]the studies showed the presence of moderate right and mild left carpal tunnel syndrome. MedicineNet. Diet & Weight Management As the Court of Appeals has admonished, " No opinion is an authority beyond the point actually decided, and no judge can write freely if every sentence is to be taken as a rule of law separate from its association'" (Matter of Staber v Fidler, 65 NY2d 529, 535 [1985], quoting Dougherty v Equitable Life Assur. Although raised in the context of a purported "cross motion," resolution of this appeal requires us to once again revisit the issue of untimely summary judgment motions. Post-operatively, in February and April 2006, plaintiff indicated that he felt returning strength in his right arm although not his left, and a general "slow improvement." Copyright 2023 OrthoIndy. The majority concludes that summary disposition is precluded by the Court of Appeals' decision in Brill v City of New York (2 NY3d 648 [2004]), without reference to the judicial policy espoused in the opinion. This is an aberrant medical malpractice action brought against two hospitals for declining to provide additional surgical treatment to plaintiff because, in their estimation, further surgical intervention presented an unjustifiable risk of quadriplegia or death and offered little to no prospect of relieving his symptomatology. Hip, knee surgeons with NYC's best value outcomes at HSS at 653). A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. Cross appeals from the order of the Supreme Court, New York County (Alice Schlesinger, J. He was found to have "significant" cervical stenosis and compression of his spinal cord, as well as cord signal change especially at C3-4 and C4-5. "It is well settled that the duty owed by one member of society to another is a legal issue for the courts' (Eiseman v State of New York, 70 NY2d 175, 187 [1987]). Dr. Cross is one of the most pleasant medical providers that I have ever come in contact with. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. There is a shorter minimum notice requirement, three or seven days, as compared with the minimum eight-day notice requirement in CPLR 2214(b). On April 11, 2003, an MRI revealed a narrowing of the spinal canal and the neural foramen with disc protrusions. We do not hold that when a summary judgment motion is filed past the deadline, the court must automatically reject it. You're all set! Find Hospital for Special Surgery on the . Brill draws a bright line based on the two elements of CPLR 3212(a): the statutorily imposed or court-imposed deadlines for filing summary judgment motions, and the showing of good cause by a late movant in order for its motion to be considered. A cross motion offers several advantages to the movant. But most importantly, the dissent's approach is in derogation of CPLR 3212(a). The Jewish Hospital 4777 E Galbraith Rd Cincinnati, OH 45236. Dr. Michael Cross - Great Orthopedic Surgeons All concur except Tom, J.P. and Freedman, J. who dissent in part in an Opinion by Tom, J.P. Physical therapy, pain management and treatment in HJD's neurology, hand and shoulder clinics were recommended. To the contrary, the compelling interest is judicial economy, which militates in favor of summary disposition of even an untimely motion made in response to one timely filed (see Burns, 307 AD2d at 864), [*16]especially if that "summary judgment motion may resolve the entire case" (Brill, 2 NY3d at 651). The doctor also noted that plaintiff did not objectively regain any strength or function after having the surgery at Mt. ), entered July 16, 2012, affirmed, without costs. The undesirable practice sought to be prevented by revision of CPLR 3212(a) is the waste of resources expended in preparation for trial as the result of a belated summary judgment motion staying the proceedings. I obviously highly recommend Dr. Cross and his team. Drugs & Supplements. Given the budgetary constraints presently confronted by the court system, this is hardly a fitting time to require trial of a matter devoid of apparent merit and otherwise amenable to disposition on motion, and the "genuine need" to be accommodated is that of the court to proceed expeditiously (id.). Menu. The clinic notes indicated that plaintiff "need[ed] a decompression at C3-4, C4-5 and C6-7," that "probably" this would be done in an anterior approach, and that "surgery will be booked in the near future." Bonanno v. Mayman, 2019 N.Y. Slip Op. 33343 | Casetext Search + Citator Tel: (212) 606-1000. Since surgery carried serious risks and would likely not benefit the patient, conservative management with physical therapy and pain management would be more appropriate. HSS also argued that the claim of lack of informed consent should be dismissed, given that no procedure requiring consent had been performed. Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. HSS Doctors: Book an Appointment Online Today Book online with our top ranked surgeons, physicians or specialists in orthopedics, rheumatology, or sports medicine. HJD met its burden of showing prima facie entitlement to summary judgment, proffering evidence that plaintiff was not caused to suffer any injury between February 2005 when HJD found that surgery was not indicated, and April 2005 when he first consulted with Mt. The NPI number of this provider is 1235397043 and was assigned on May 2008. Footnote 4: The dissent overlooks the very different lengths of treatment offered to plaintiff by HSS and HJD. Michael B. Cross, MD - 1133 Westchester Ave, White Plains, NY 10605 The result will be judicial economy, as well as lawyerly economy. Michael B. with the kind of [*12]degeneration of the spinal cord [plaintiff] had, risk[ed] creating symptoms in the hands or feet. at 236, citing Andrea, Miceli, Brill, and Kihl). It was also Dr. Girardi's opinion that, given plaintiff's extensive spinal disease and the prospect of low improvement, the risk of surgery including quadriplegia or even death, was clearly not warranted. When deciding a motion for summary judgment, the court's function is issue finding rather than issue determination (see Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 [1957]). HSS Orthopaedic Annual Report 2011-2012 - Issuu FOX REHABILITATION - 11 Photos & 12 Reviews - 7 Carnegie Plz, Cherry THIS CONSTITUTES THE DECISION AND ORDER Dr. Cross is board certified in Orthopedic Surgery. 211 likes. [*2]Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), and Shoshana T. Bookson, New York, for respondent-appellant. Cross, MD. The practice sought to be deterred in Brill is delay occasioned by the submission of a summary judgment motion on the eve of trial, thereby staying proceedings to the prejudice of litigants who have applied their resources in preparation for trial of the issues (Brill, 2 NY3d at 651). Rather, we enforce the law as written by the legislature, and as explained in Brill. Co., 89 NY2d 425, 429 [1996]). hurley joggers womens; sink clips not long enough; viewsonic vx3276 mhd reset; usaa dental insurance number; dr michael cross leaving hss. New York County (Alice Schlesinger, J. Sinai orthopedic surgeon observed that he did not "see a substantial neurologic improvement on [his] objective testing, but the patient does feel subjectively like he is improving.". Sinai. In the case at bar, HSS relies on Lapin v Atlantic Realty Apts. In Brill, the City of New York moved for summary judgment on the basis that it never had notice of the defect and therefore could not be liable for the plaintiff's personal injuries by law. Because of the particular procedural posture of this matter, the order directing that it proceed to trial is ultimately futile, but application of the majority's rationale will unnecessarily burden both courts and litigants. Significantly, Brill deals with the straightforward situation in which an initial summary judgment motion is filed well after a matter has been certified as ready for trial "in violation of legislative mandate" (id. After residency, Dr. Cross completed his fellowship in Adult Reconstruction at Rush University Medical Center in 2013where he won the Jorge O. Galante, MD Fellow Research Award. Parker v LIJMC-Satellite Dialysis Facility, 92 AD3d 740, 741-742 [2d Dept 2012] [failure to receive significant outstanding discovery before the deadline for making motion for summary judgment provides good cause for allowing a late-filed motion for summary judgment]; see also Kase v H.E.E. Contact; Help; Partners; Blog; Press; Product; . Plaintiff's expert does not even address the question of whether, taking plaintiff's obviously compromised physical condition into account, it was a departure from good and accepted medical practice to pursue a conservative course of treatment rather than assume the risk of surgical intervention. I am returning on Oct 9, 2020, for my left knee and am actually looking forward to it. Kershaw v Hospital for Special Surgery They work like a well-oiled machine. Rote application of the summary judgment provision, which permits the court to "set a date after which no such motion may be made," leads to the result advocated by the majority strict rejection of the motion as untimely without taking into consideration the circumstances of the case, relegating the moving party to litigating its position at trial. Tom, J.P., Acosta, Saxe, Freedman, Feinman, JJ. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Sinai, in October 2006, plaintiff returned to HJD's neurology clinic, reporting a lack of improvement in upper extremity strength, and some pain and numbness on the right arm and hand. I respectfully disagree with the majority's holding and would dismiss plaintiff's claim of medical malpractice against defendants Hospital for Special Surgery and its physicians (collectively, HSS). Financial Disclosures. Sinai. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. Plaintiff had a history of severe cervical disc disease going back to 1989. The doctor also noted that plaintiff's "only option" might be a future shoulder arthrodesis "to allow him to have a more functional lifestyle." Dr. Michael Allen Cross 5053 Wooster Rd Cincinnati, OH 45226. New York Presbyterian Hospital Internship, Preliminary Year, 2006 . Nor is this court's recent holding in Levinson v Mollah (105 AD3d 644 [1st Dept 2013]) on point. MichaelPaulAstMDFAAOS Orthopaedic Surgery New York, NY Hip & Knee Reconstructive Surgery Assistant Professor, Orthopaedic Surgery Chief Medical Innovation Officer Vice Chair, HSS Innovation Institute Hospital for Special Surgery Join to view full profile Office 541 East 71st Street 6th Floor New York, NY 10021 Phone+1 201-599-8056 After review of the MRI, he determined that no further surgery for the cervical spine was indicated and that there should be no lumbar spine surgery "at this time." Dr. Michael B. Cross's office location Michael B. Dr. Michael Cross, MD, Orthopedic Surgery | Indianapolis, IN | WebMD Dr. Michael P. Ast, MD is a health care provider primarily located in Paramus, NJ, with another office in New York, NY. Diseases & Conditions Procedures & Tests Symptoms & Signs. My stay at the Hotel for Special Surgery was flawless. Mobile Navigation Menu. Removal of Skunks, Raccoons, Squirrels, Bats, Snakes, and More! Furthermore, those lawyers who engage their best efforts to comply with practice rules are also effectively penalized because they must somehow explain to their clients why they cannot secure timely responses from recalcitrant adversaries, which leads to the erosion of their attorney-client relationships as well" (16 NY3d at 81). Granted, the HSS motion is not a cross motion, as denominated, and as such it is untimely (CPLR 2215). for cervical spine cases. Dr. Michael A. As to the procedural issue raised, the majority has devised a solution to a problem recognized neither by the Legislature nor the Court of Appeals. at 652). In opposition plaintiff's expert did not offer an opinion as to what specific injury plaintiff endured as a result of HJD's decision not to perform surgery and made only broad conjectures which were insufficient to defeat HJD's motion (see Foster-Sturrup v Long, 95 AD3d 726 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]). . hilton houston address. [*17]. Ctr., 123 AD2d 843 [2d Dept 1986]). While the Brill rule may have caused some practitioners and courts to wince at its bright line, by the time the motions at issue in this case were made, the Court of Appeals had already reiterated on more than one occasion, and in varying contexts, that it meant what it said (see Gibbs v St. Barnabas Hosp., 16 NY3d 74 [2010], citing Brill [dismissal after repeated failures to serve bill of particulars and noncompliance with enforcement order]; Andrea v Arnone, Hedin, Casker, Kennedy & Drake, Architects and Landscape Architects, P.C. [FN3] Peter commented in his entry: I had an amazing experience with Dr. Cross and his team at the Hospital for Special Surgery. Sign up for our free summaries and get the latest delivered directly to you. Here, HJD's submission of its moving papers a mere three days before the final date set by the trial court contravenes the spirit of Brill by depriving HSS of an adequate opportunity to timely file its own application for similar relief because, at such point in time, HSS is presumed to have been devoting its resources to preparation for trial (Brill, 2 NY2d at 651). Find a Doctor: By Name, Specialty, Location & Insurance OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. Health & Living. Dr. Cross completed his internship at New York-Presbyterian/Weill Cornell Medical Center in 2007 and his residency at Hospital for Special Surgery in New York in 2012 where he was awarded the Russell Warren Basic Science Research Award and the Jean McDaniel Award, which is given to the Chief Resident who best demonstrates leadership, professionalism and ethics in the care of patients. Strict and rigid application of Brill is even less understandable given the similarity of the grounds advanced by the respective hospitals in support of their summary judgment motions and the ground upon which disposition rests. In Frelinghuysen's words, he and Girardi decided that surgery "would not help." Specialties. NYC surgeon, beauty-queen wife settle divorce amid hooker allegations Its motion papers included an affidavit of a medical expert who discussed plaintiff's medical history as seen in the records. While defendants have not raised the question of whether the complaint is actionable, the issue should nevertheless be decided preliminarily. Here, however, because HSS and HJD have different treatment histories with plaintiff, HJD's timely motion did not clearly put plaintiff on notice of the need to gather evidence in opposition to the arguments ultimately proffered by the HSS defendants. ", In February 2005, plaintiff began treatment at defendant New York University Medical Center Hospital for Joint Disease (HJD). [Habiterra Assocs. Skip to main content. In June 2004, plaintiff returned to HSS with continuing complaints of progressive right shoulder weakness, increased neck pain and decreased balance. Michael B. Ins. Musculoskeletal Infection Society Cross M.D - Orthopaedic Surgeon | New York NY Dr. Michael M. Alexiades, MD | Lake Success, NY | Orthopedist | US News Ten months after the surgery at Mt. dr michael cross leaving hss. Find Providers by Condition. This is also reflected in their individual motion papers. However, bending the rule results in the practical elimination of the "good cause shown" aspect of CPLR 3212(a), and the clear intent of Brill. At his next visit on November 12, 2004, a different doctor indicated in the clinic notes that Frelinghuysen and Girardi had recommended "what sounds like a two-level anterior cervical decompression and fusion," and that plaintiff would follow up in one week "to discuss surgery" [*3]with Frelinghuysen [FN1]. In July, 2005, plaintiff saw orthopaedic surgeon Dr. Andrew Hecht of Mt. In addressing this problem, the Court of Appeals noted that "the Legislature struck a balance, setting an outside limit on the time for filing summary judgment motions, but allowing the courts latitude to set an alternative limit or to consider untimely motions to accommodate genuine need" (Brill, 2 NY3d at 651). Dr. Machler reported that plaintiff had mildly positive reactions to molybdenum, tobramycin, benzoic acid, and formaldehyde. The le-de-France tramways ( French: Tramways d'le-de-France) is a network of modern tram lines in the le-de-France region of France. Hospital for Special Surgery and the HSS Alumni Association gratefully thank the Autumn Beneit Committee for ongoing support and major funding for several medical education initiatives, including publication of . Peltz & Walker, New York (Bhalinder L. Rikhye of counsel), for appellants-respondents. Our focus is the rehabilitation of lives, delivered through evidenced-based therapy, with . If the issue had been compression, surgery would have been performed to prevent further progression, but due to the degeneration of the spinal cord, decompressive laminectomies would have done little or nothing to address plaintiff's upper extremity issues. Auto. Orthopaedic Research Society, Make an appointment with Acknowledgment Hospital for Special Surgery gratefully thanks the Autumn Benefit Committee for ongoing support and major funding for . It is true that since Brill was decided, this Court has held, on many occasions, that an untimely but correctly labeled cross motion may be considered at least as to the issues that are the same in both it and the motion, without needing to show good cause (see e.g. In April 2003, plaintiff again returned because he was experiencing increased weakness in his right upper arm. . Dr. Michael Cross, MD | Indianapolis, IN | Orthopedic Surgery | Vitals Plaintiff commenced this action against HSS and HJD claiming, in essence, that defendant hospitals were negligent in declining to timely perform the surgery he sought, particularly, that their delay caused him to sustain injury that otherwise might have been avoided. He has 16 years of experience. He attended Washington University in St. Louis for his. HSS Alumni Association Newsletter: Fall 2009 According to the patient notes, the examining physician found severe upper extremity atrophy. "Before this matter may proceed to trial, it will be necessary to decide, as a matter of law, whether a doctor has a duty to perform a surgical procedure requested by a patient despite, in the professional opinion of the doctor, the high risk and absence of benefit that such surgery entails. The majority suggests that an independent basis for finding HSS to have been negligent might be found in the expert's opinion that "surgery for [plaintiff] was indicated as early as June 2003." In support of its motion, HSS even relies on the same affidavit by Dr. Olsewski submitted in support of HJD's motion. According to plaintiff, he understood that surgery would be performed in late December, and he began obtaining the necessary medical clearances. He then attended medical school at Vanderbilt University, graduating in 2006. Accordingly, the Court of Appeals refused to address the motion on its merits, pursuant to CPLR 3212(a). The nurses and assistants were wonderful and were focused on managing my (intense) pain. New York State Society of Orthopaedic Surgeons Top Hip Replacement and Knee Replacement Surgeons | HSS
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