Francisco Contreras sued a bunch of doctors and Wyckoff Heights Medical Center for failure to timely diagnose and treat his appendicitis.
While the physicians and the institution believed that no medical malpractice had occurred, and that the treatment complied with "good and accepted medical practice," the Kings County Supreme Court declined to dismiss the case -- citing unresolved issues which needed to await a formal hearing or trial.
Because Contreras presented expert analysis which suggested that the doctors wrongfully delayed treatment, particularly in the face of his "ruptured appendix and chemical peritonitis," the Appellate Division, Second Department, agreed that the dispute couldn't be resolved on the papers presented and that the conflicting medical opinions and credibility assessments needed to be presented to -- and made by -- a jury.
Think they've got a stomach for that?
To view a copy of the Appellate Division's decision, please use this link: Contreras v. Adeyemi