![]() Schwartz - regardless of the injury claimed, the departure from accepted medical standards of care alleged or the legal theory advanced - that is "meritless" or "frivolous," not necessarily as determined by the tribunal in which the claim is brought, but based at least in part, if not entirely, upon the "conclusion" of an unnamed "specialty society affording due process to an expert." Second, if Mrs. Mercado is, first, prohibited from initiating or advancing any medical malpractice claim against Dr. More specifically, under the provisions of the Agreement form, Mrs. Schwartz and, if she does so, to affect how such a medical malpractice claim may be prosecuted. Mercado's right to "initiate or pursue" a medical malpractice claim against Dr. Mercado's surgery, that purports both to restrict Mrs. Schwartz and Island for opposing declaratory relief with respect to the enforceability, vel non, of a form, entitled "Agreement as to Resolution of Concerns" (the "Agreement form"), signed both by Mrs. Mercado and her husband, plaintiff Raul Mercado, and the cross-motion of Dr. The matter is now before the court on the motion of Mrs. Mercado suffered a series of serious, painful and potentially life-threatening complications and was required, among other things, to undergo further surgical interventions, procedures and treatments. Mercado's small intestine and failing timely to recognize that he had done so, as a result of which Mrs. Schwartz performed the procedures negligently, among other things both piercing Mrs. Mather Memorial Hospital, the hospital where Mrs. Mercado's surgery, Island Gynecologic Oncology, PLLC ("Island") and John T. Schwartz's medical practice at the time of Mrs. Schwartz"), the physician who performed the procedure Dr. This is an action for damages stemming, inter alia, from alleged medical malpractice in the performance of a robotically assisted laparoscopic total hysterectomy, bilateral salpingectomy and ovarian cystectomy upon plaintiff Tiffany Mercado on January 9, 2014. ![]() ORDERED that the attorneys-of-record are directed to appear for a previously scheduled compliance conference before Part 6 on Tuesday, Februat 9:30am at the Supreme Court located at One Court Street, Riverhead, New York. and Island Gynecologic Oncology, PLLC, sequenced 003, for an order pursuant to CPLR §§ 3001, 31 declaring the agreement described herein valid and enforceable is denied and it is further ORDERED, ADJUDGED and DECLARED that the cross-motion of defendants Benjamin M. ORDERED, ADJUDGED and DECLARED that plaintiffs' motion sequenced 002 for an order pursuant to CPLR §§ 30 declaring the document dated Novemand titled "AGREEMENT AS TO RESOLUTION OF CONCERNS" void and unenforceable is granted and it is further Upon the reading and filing of the following papers in this matter: (1) Notice of Motion, by plaintiffs, dated Decem(2) Notice of Cross-Motion, made by defendants, dated Febru(3) Affirmation in Opposition, made by plaintiffs, dated Febru(4) Reply Affirmation, made by defendants, dated Mait is & Island Gynecologic Oncology, PLLCĪttorney for John T. Mather Memorial Hospital, Defendants.Īttorneys for Benjamin M. Schwartz, M.D., Island Gynecologic Oncology, PLLC, and John T. ![]() Tiffany Mercado and Raul Mercado, Plaintiffs,īenjamin M. This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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