In Swezey v. Montague Rehab & Pain Mgt., P.C. , Maria Swezey had surgery to remove an acupuncture needle that penetrated her heart and later filed suit in Queens County Supreme Court against various chiropractors and acupuncturists alleging that they were negligent in allowing the object to remain in her chest.
She also sued various physicians, including Shama Rasool, claiming that the psychiatrist "departed from good and accepted medical practice" by treating Swezey for a psychosomatic disorder without performing tests to rule out an actual physical condition.
When the Supreme Court denied Dr. Rasool's request to dismiss the case, an appeal to the Appellate Division, Second Department, followed.
Though Dr. Rasool claimed Swezey never complained of chest pain, the latter swore that she did and that those pains were thought by her doctor to be "imaginary." In view of that disagreement, the AD2 was of the opinion that dispute couldn't be resolved on the papers presented and that a formal hearing or trial was warranted.
So here's the deal: If it ain't Cupid's arrow, it's best to keep pointed objects clear of your heart!
To download a copy of the Appellate Division's decision, please use this link: Swezey v. Montague Rehab & Pain Mgt., P.C.