Turcsik v. Guthrie Clinic, Ltd.

12 A.D.3d 883, 784 N.Y.S.2d 721, 2004 N.Y. App. Div. LEXIS 13722
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 18, 2004
StatusPublished
Cited by16 cases

This text of 12 A.D.3d 883 (Turcsik v. Guthrie Clinic, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turcsik v. Guthrie Clinic, Ltd., 12 A.D.3d 883, 784 N.Y.S.2d 721, 2004 N.Y. App. Div. LEXIS 13722 (N.Y. Ct. App. 2004).

Opinion

Cardona, P.J.

Appeal from a judgment of the Supreme Court (Relihan, Jr., J.), entered July 29, 2003 in Tompkins County, upon a verdict rendered in favor of plaintiffs.

After being diagnosed with severe aortic regurgitation, plaintiff Roger D. Turcsik (hereinafter plaintiff) was admitted to defendant Robert Facker Hospital for a cardiac catheterization. On January 18, 1995, the procedure was performed by plaintiffs treating physician, defendant John L. Wanamaker, a cardiologist with a specialty in invasive cardiology. The hospital chart indicates that Wanamaker was assisted by Faraidoon Daniel Golyan, a first-year fellow in cardiology, employed by the hospital. In order for a cardiac catheterization to be performed, a “cutdown” procedure is required to extract an artery or vein from the arm of the patient to feed a catheter through the vessel to reach the inside chambers of the heart. Neither Wanamaker nor Golyan remembered who made the incisions during the cutdown procedure and the hospital records were insufficient to resolve that issue. The records indicate that there was difficulty locating the preferred vein in plaintiff’s right arm. Flaintiff, who was awake, testified that, at one point, he felt a shock-like sensation in his right arm, causing him to cry out. He stated that he received one or two more shocks, and heard Wanamaker say, “You have gone too far. Full it out and do it over. Do it again.” Ultimately, one of the physicians went to the left arm to complete the cutdown.

Following the completion of the catheterization, plaintiff complained that his right hand and arm were numb. Although Wanamaker indicated that the problem should resolve in a few days, plaintiff was ultimately referred to a neurologist, Paul Buckthal. Buckthal opined, after performing a nerve conduction study, that plaintiff “would appear to have an incomplete right median neuropathy at the elbow with mixed conduction and axonal damage. The presence of axonal damage suggests the recovery will be prolonged and possibly incomplete.” Buckthal also indicated that the study was “[Consistent with an acute and chronic lesion of the right median nerve at or about the [885]*885right elbow.” Plaintiffs condition did not improve and he was unable to return to his former employment as a welder.

In 1997, plaintiff and his wife, derivatively, commenced this medical malpractice action against the hospital, Wanamaker and defendant Guthrie Clinic, Ltd., a professional medical corporation of which Wanamaker was an employee and shareholder.

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Bluebook (online)
12 A.D.3d 883, 784 N.Y.S.2d 721, 2004 N.Y. App. Div. LEXIS 13722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turcsik-v-guthrie-clinic-ltd-nyappdiv-2004.