Neil B. Ptashnik, Esq. obtains a unanimous defense verdict on behalf of a spinal surgeon
10-22-2021
On October 22, 2021, Neil B. Ptashnik, Esq., obtained a unanimous defense verdict on behalf of a spinal surgeon following a 3 week jury trial in Supreme Court, Kings County.
The plaintiff alleged that the surgeon failed to obtain proper informed consent prior to performing spinal fusion surgery to correct severe spinal stenosis. Additionally, plaintiff alleged the surgeon deviated from accepted standards of care in the performance of the surgical procedure resulting in nerve damage and permanent incontinence.
Neil successfully convinced the jury that the spinal surgeon was not negligent in his surgical technique and that nerve damage was a known risk of the procedure. Moreover, the jury found that the benefits of the procedure outweighed the risks, and that a reasonable person would have proceeded with the surgery despite the known risks.