NYU Hospital, Doctor Must Face Patient's Bowel Injury Suit

Law360 (November 10, 2020, 10:53 PM EST) -- A New York appellate panel on Tuesday revived a suit accusing a New York University hospital and surgeon of perforating a woman's bowel during gastric bypass surgery, saying the providers' defense was based on improperly established "habit evidence," or a physician's usual practice when treating patients.

A four-judge Appellate Division panel for the First Department unanimously reversed a summary judgment ruling in favor of Dr. George Fielding and NYU Langone Medical Center in a suit accusing them of failing to diagnose and repair Maria Guido's perforated bowel during a LAP-Band procedure.

Fielding had testified at a deposition that even though he...

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