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2nd Circ. Won’t Revive Surgery Patient’s Med Mal Case

Law360 (February 23, 2018, 7:01 PM EST) -- The Second Circuit on Friday upheld the toss of a malpractice case accusing a New York City hospital of causing nerve damage in a man’s shoulder by improperly positioning him during surgery, finding the patient’s expert testimony was far too speculative.

The panel said that while physician Brian McAlary, expert witness for plaintiff George Ongley, was credible, he didn’t offer enough evidence to support Ongley’s claim that an old rotator cuff injury was aggravated by the bad positioning of his arm during more than six hours...
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Case Information

Case Title

Ongley v. St. Lukes Roosevelt Hospital C

Case Number



Appellate - 2nd Circuit

Nature of Suit

4362 TORTS INJURY-Med Malpractice

Date Filed

February 2, 2017

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