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THOMAS v. SAMUELS

60 A.D.3d 1187 (2009)

875 N.Y.S.2d 326

KIMBERLY L. THOMAS, Appellant, v. SHARON SAMUELS, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 12, 2009.

Rose, J.

Plaintiff commenced this medical malpractice action alleging that her surgeon, defendant Sharon Samuels (hereinafter defendant), deviated from the applicable standard of care by allegedly cutting or burning her long thoracic nerve during breast biopsy surgery. At the jury trial, defendant opined that plaintiff's nerve must have been subjected to a stretch injury during surgery, rather than a cut or burn. At the...

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