O'Connor, O'Connor, Bresee & First P C

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Medical Malpractice

Federal judge awarded a verdict against a surgeon for serious, irreversible brain injuries due to air bubbles during a valve replacement. Other doctors and hospital settled.

Medical Malpractice/Wrongful Death

Defense verdict in a medical malpractice/wrongful death action alleging failure by an emergency room physician to consider angina/cardiac ischemia and order appropriate tests for a patient with left arm pain and history of cardiovascular disease, who later died of myocardial infarction.

Medical Malpractice

Defense verdict in a medical malpractice action alleging improper reduction and alignment of plaintiff’s comminuted, spiral distal tibial fractures, and improper installation of hardware, leading to delayed union and complications.

Personal Injury (Slip and Fall)

Summary judgment granted in a slip and fall on snow and ice case. Plaintiff, a hospital employee, slipped in the employee lot. The snow removal company was found not liable as it met its contractual duty and did not create or worsen the condition.

Medical Malpractice Defense (Statutory Interpretation)

Motion to dismiss upheld on appeal, ruling that Public Health Law § 2801-d (cause of action against nursing homes for resident rights violations) is not applicable to assisted living residences. Case of first impression for the Third Department.

Medical Malpractice

Defense verdict in a medical malpractice case alleging failure to diagnose and treat a heart attack in the emergency department. Decedent suffered sudden cardiac arrest 24 minutes after triage.