Valentine v. Lopez

283 A.D.2d 739, 725 N.Y.S.2d 714, 2001 N.Y. App. Div. LEXIS 4848
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 10, 2001
StatusPublished
Cited by23 cases

This text of 283 A.D.2d 739 (Valentine v. Lopez) 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
Valentine v. Lopez, 283 A.D.2d 739, 725 N.Y.S.2d 714, 2001 N.Y. App. Div. LEXIS 4848 (N.Y. Ct. App. 2001).

Opinion

—Mugglin, J.

Ap[740]*740peal from a judgment of the Supreme Court (O’Brien, III, J.), entered June 22, 2000 in Cortland County, upon a verdict rendered in favor of plaintiffs.

In March 1996, plaintiff Deborah Valentine (hereinafter plaintiff) began to treat with her family physician for pain and swelling in her right wrist. Although no definitive diagnosis was made, the family physician suspected carpel tunnel syndrome despite normal nerve conduction studies. In September 1996, when a conservative course of treatment provided no relief to plaintiff, the family physician referred plaintiff to defendant Jose Lopez (hereinafter defendant), an orthopedic surgeon specializing in musculoskeletal conditions of the wrist and hand. Defendant made a diagnosis of de Quervain’s disease, a condition in which the tendons along the thumb side of the wrist are compressed by the encircling tendon sheath, creating pain and diminishing the useful function of the wrist and hand. When a course of treatment consisting of anti-inflammatory medications and splinting proved unsuccessful, defendant performed a surgical release of the tendon sheath and tendons, during which he discovered the tendons to be normal. With no improvement in her condition in March 1997, plaintiff’s family physician referred her to a rheumatologist who diagnosed plaintiff as suffering from reflex sympathetic dystrophy (hereinafter RSD). Thereafter, plaintiff and her husband, derivatively, commenced this medical malpractice action alleging, inter alia, that defendant was negligent in failing to properly diagnose plaintiff’s condition. After trial, the jury returned a verdict in plaintiffs’ favor, awarding damages totaling $2,500,000.

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Bluebook (online)
283 A.D.2d 739, 725 N.Y.S.2d 714, 2001 N.Y. App. Div. LEXIS 4848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valentine-v-lopez-nyappdiv-2001.