In July, Kevin Natale obtained a pre-answer dismissal of a Kings County action involving alleged negligence relative to hand surgery and post-operative care provided by the defendant insured orthopedic surgeon as well as requested injunctive relief seeking to compel the defendant to correct loss of motion and other residual deficits in the affected hand. It was established that a follow-up telephone call by the plaintiff to the defendant’s office did not constitute treatment for the purpose of tolling the statute of limitations and that the plaintiff’s claims for medical malpractice were time-barred. The court also agreed that the plaintiff failed to establish a proper basis for the injunctive relief sought. The action was dismissed in its entirety with prejudice.
Kevin Natale