Date: 03-01-1999

Case Style: Melika Musaid, as m/n/g of Hudad Ali v. Mercy Hospital of Buffalo and Metin Gunduz, M.D.

Case Number: 2059/95

Judge: Joseph D. Mintz

Court: Supreme Court, Erie County, New York

Plaintiff's Attorney: R. Colin Campbell of J. Michael Hayes, Buffalo, New York

Defendant's Attorney: Teresa Brophy Bair of Roach, Brown, McCarthy & Gruber, P.C., Buffalo, New York for Mercy Hospital and Joseph J. Schoellkopf, Jr. of Damon & Morey, L.L.P., Buffalo, New York for De. Gunduz.

Description: Medical malpractice - Plaintiff alleged that injuries sustained by her infant daughter were caused by the negligence and malpractice of defendant Metin Gunduz, in leaving the examining room at defendant Mercy Hospital when plaintiff's daughter was on the examining table and the side rails were down. Plaintiff asserted that she was setting about five or six feet from her daughter when Gunduz left the room and that, before leaving, Gunduz instructed plaintiff to dress her daughter. Plaintiff stood up and, as she turned to get her daughter's clothing, her daughter fell from the examining table. The child sustained a nondisplace skull fracture as a result of the fall but made a good recovery within 2 to 3 weeks and was left with no residual problems.

Outcome: Plaintiff's verdict for $25,000.

Plaintiff's Experts: Dr. Wayne Longmore, Bronx, New York, emergency room physician

Defendant's Experts: Dr. Deitrich Jehle, Lockport, New York, emergency room physician

Comments: This case was tried in December 1996 and resulted in a defendant's verdict which was reversed by the Fourth Department.