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dr michael cross leaving hss

    dr michael cross leaving hss

    As most recently articulated in Gibbs: Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. Thereafter, the motion court issued an order which provided that "[t]he time for the various defendants to move for summary judgment is extended through November 14, 2011." Sinai orthopedic surgeon observed that he did not "see a substantial neurologic improvement on [his] objective testing, but the patient does feel subjectively like he is improving.". Plaintiff had a history of severe cervical disc disease going back to 1989. Musculoskeletal Infection Society Appellate Division, First Department Footnote 1:Girardi testified that the notation that he and Frelinghuysen had recommended any particular surgery was "incorrect." Health A-Z. The nurses and assistants were wonderful and were focused on managing my (intense) pain. Under the circumstances presented, the motion court was within its discretion to review HSS's motion on the merits (see Alexander, 95 AD3d at 1247; Grande, 39 AD3d at 591-529). Dr. Anthony Petrizzo of HJD examined plaintiff on February 11, 2005, finding severe upper extremity atrophy, with deltoid strength at 1/5, and 2/5 strength to the biceps. Ten months after the surgery at Mt. Required fields are marked *. Dr. Michael Cross, MD works in New York, NY as an Orthopedic Surgery Specialist and has 16 years experience. The motion by HJD was submitted on November 11, 2011, three days before the deadline of November 14, 2011 imposed by the motion court under CPLR 3212(a). Dr. Michael A. Cross is a radiation oncologist. HSS appealed from the denial of its "cross motion" and plaintiff cross-appealed from the grant of HJD's motion. He was no longer working and was receiving social security disability benefits. As the Court of Appeals has admonished, " No opinion is an authority beyond the point actually decided, and no judge can write freely if every sentence is to be taken as a rule of law separate from its association'" (Matter of Staber v Fidler, 65 NY2d 529, 535 [1985], quoting Dougherty v Equitable Life Assur. The cross movant may rely on the papers submitted with the main motion to support the relief sought. at 652). He was found to have "significant" cervical stenosis and compression of his spinal cord, as well as cord signal change especially at C3-4 and C4-5. After review of the MRI, he determined that no further surgery for the cervical spine was indicated and that there should be no lumbar spine surgery "at this time." The motion court granted HJD's motion and denied the motion of HSS. Michael B. You're all set! Find expert care and book online. The progress notes from June 25, 2005 indicate, in part, that he had "marked stenosis throughout spine," and "marked atrophy at both shoulder girdles." An MRI of his cervical spine taken the same day found "severe central canal and severe neural foraminal stenosis," resulting in "severe myelomalacia of the spinal cord" from C3 to mid-C5 level. Find Providers by Condition. Plaintiff did not return to HSS for slightly over one year after this visit. According to the clinic notes, the doctors advised plaintiff that surgery would likely not result in the return of muscle function, but that there was "a slight chance" of improvement. Dr. Cross joined HSS as a clinician-scientist and currently has over 55 publications and has received numerous research awards at local, regional, and national levels, including the 2013 Frank Stinchfield Award from the Hip Society and the 2013 OREF/ORS Travel Award in Translational Research from the Orthopaedic Research Society. . Find Hospital for Special Surgery on the . An overly expansive application of Brill invites unintended consequences following from the Legislature's 1996 amendment of CPLR 3212(a). Oice of Alumni Afairs 535 East 70th Street, New York, NY 10021 212.606.1057 . with the kind of [*12]degeneration of the spinal cord [plaintiff] had, risk[ed] creating symptoms in the hands or feet. Type a specific doctor's name, body part, procedure or condition, then choose from the options. Brill reiterates Kihl's statement that, " [i]f the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity'" (2 NY3d at 652-653, quoting Kihl at 123). After surgery, he was pain-free but did not recover a full range of motion in his upper left arm. fact, barring summary resolution. The dissent would seemingly limit the reach of Brill to those actions where a party files a motion for summary judgment long after the deadline for dispositive motions and the matter is on the trial calendar. To the extent HSS's motion was directed at the complaint, as opposed to any cross claims by HJD, and was not made returnable the same day as the original motion, it was not a cross motion as defined in CPLR 2215. Once this burden is met, the burden shifts to the opposing party to submit proof in admissible form sufficient to create a question of fact requiring a trial (Kosson v Algaze, 84 NY2d 1019 [1995]). Was seen ahead of scheduled appointment time. The undesirable practice sought to be prevented by revision of CPLR 3212(a) is the waste of resources expended in preparation for trial as the result of a belated summary judgment motion staying the proceedings. The motion court granted defendant HJD's motion for summary judgment and denied HSS's motion for the same relief. Plaintiff was a patient a much longer time at HSS than at HJD, surgery was positively discussed by the HSS defendants, and thus there are factual differences between the two defendants' treatments. Cross appeals from the order of the Supreme Court, New York County (Alice Schlesinger, J. Dr. Michael B. The motion court properly dismissed the case as against HJD. He graduated medical school from Vanderbilt University as a member of the Alpha Omega Alpha Medical Honor Society. James, in turn, relied on Rosa v R.H. Macy Co. (272 AD2d 87 [1st Dept 2000]), where Macy moved for summary judgment and two other defendants untimely cross-moved against it for indemnity; the motion and another timely cross motion were still pending, and we held that the untimely cross motions should have been considered. In other words, Brill calls on the courts to lead by enforcing the words of the statute, rather than let attorney practice slowly eat away at the integrity of our judicial system. We are concerned that the respect for court orders and statutory mandates and the authoritative voice of the Court of Appeals are undermined each time an untimely motion is considered simply by labeling it a "cross motion" notwithstanding the absence of a reasonable explanation for its untimeliness. Likewise, there is no indication that plaintiff was prepared to undergo the procedure prior to October 2004, when he first consulted with Dr. Freylinghuysen. As to HSS, the court noted that the motion was clearly untimely, without explanation. Even if we were to find that the Court of Appeals intended for an exception to be carved out of Brill for incorrectly labeled "me too cross motions," that is, motions relying on the arguments and evidence of the originally filed motions, to the extent HSS's motion against a nonmoving party can be properly considered such a motion, the motion court correctly found that it is not merely a duplication of HJD's timely motion. Sinai Hospital in December 2005, with no objective sign of improvement in physical function after over 10 months, according to his surgeon's report and tests taken at HJD's neurology clinic in October, 2006. The clinic notes of June 11, 2004 indicate that his "symptoms have progressed with increased right shoulder atrophy"; a new round of studies was scheduled. It is up to the litigant to show the court why the rule should be flexible in the particular circumstances, or, in the words of the statute, that there is "good cause shown" for the delay. There is no suggestion that the narrow interpretation imposed upon the term "good cause" in Brill is meant to apply in circumstances, such as here, where a timely motion is followed by a corresponding motion that is not. By notice of cross motion dated January 10, 2012, HSS moved for summary judgment and dismissal, relying on HJD's expert's affidavit and that of defendant Girardi. In opposing the "cross motion," the plaintiff argued that it was untimely, and, secondarily, that it was devoid of merit. He underwent a course of steroid injections. New York County (Alice Schlesinger, J. His specialties include Orthopedic Surgeon. Hospital For Special Surgery. "It is well settled that the duty owed by one member of society to another is a legal issue for the courts' (Eiseman v State of New York, 70 NY2d 175, 187 [1987]). Since surgery carried serious risks and would likely not benefit the patient, conservative management with physical therapy and pain management would be more appropriate. Plaintiff cites no precedent for imposing liability under these circumstances, and no comparable New York case has been located. This opinion is uncorrected and subject to revision before publication in the Official Reports. Dr. Cross completed his residency at HSS, where he was awarded the Russell Warren Basic Science Research Award and the Jean McDaniel Award, which is given to the Chief Resident who best demonstrates leadership, professionalism and ethics in the care of patients. ), entered July 16, 2012, which, insofar as appealed from as limited by the briefs, granted the summary judgment motion of defendants Hospital for Special Surgery, Peter Frelinghuysen, and Federico Pablo Girardi (collectively HSS) only to the extent of dismissing plaintiff's claim of lack of informed consent, and otherwise denied the motion, and from the judgment of the same court and Justice, entered August 20, 2012, dismissing the complaint as against defendant New York University Medical Center Hospital for Joint Diseases. Your email address will not be published. Under the circumstances presented by this matter, this view constitutes an unnecessarily rigid application of [*14]CPLR 3212(a), contravening the sound policy considerations underlying the decision and the intent expressed by the Legislature in amending the statute. This is also reflected in their individual motion papers. Diet & Weight Management The Jewish Hospital 4777 E Galbraith Rd Cincinnati, OH 45236. Footnotes Rote application of the summary judgment provision, which permits the court to "set a date after which no such motion may be made," leads to the result advocated by the majority strict rejection of the motion as untimely without taking into consideration the circumstances of the case, relegating the moving party to litigating its position at trial.

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