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Jury Finds No Emergency Room Malpractice
Mr. Leverage successfully obtained a defense verdict in Antaki v. Lerman, et al. Plaintiff alleged that defendants failed to diagnose C. Difficile colitis. The matter was tried before Judge F. Dana Winslow in Nassau Supreme Court.
During trial an interesting point of law was raised. Plaintiff, an adult male, resided with his parents, the father was a doctor. During the alleged period of malpractice, the father was caring for his son and listened to his son's stomach with a stethoscope. Defendants sought apportionment against the father, but Judge Winslow denied charging the jury as to the father's acts. Judge Winslow held that a physician-patient relationship would exist between a parent and a child only in rare and egregious circumstances. See, New York Law Journal, October 7, 2008, by Vessilin Mitev.
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