In Harris v. Gupta , Barbara Harris filed a medical malpractice claim against Dr. Alok Kumar Gupta.
Harris, a patient at Little Falls Hospital, was under Dr. Gupta's care. Prior to the doctor's examination, a nurse looked at Harris's arm and noted an infection, but didn't immediately report the condition to the doctor -- who didn't look at the arm.
Harris later alleged that the duo's deviation from accepted medical practice caused her harm.
After the Herkimer County Supreme Court dismissed the case, Harris appealed to the Appellate Division, Fourth Department.
Since it was possible a jury could find in Harris's favor, the AD4 reversed the lower court's determination, reinstated the complaint and sent the case back for trial.
For Harris, restitution is only an arm's length away!
To download a copy of the Appellate Division's decision, please use this link: Harris v. Gupta