Professional Negligence Law Reporter

A New York appellate court held that summary judgment for the defense was proper in a suit alleging failure to properly reposition a patient during surgery.

Bukurie Vucetaj underwent septoplasty and nasal polyp removal at Beth Israel Medical Center. During the procedure, Vucetaj suffered a torn rotator cuff. She sued Beth Israel Medical Center and anesthesiologist Anupkumar Patel, among others, alleging that the physician had failed to reposition her during the surgery.

The defendants moved for summary judgment, arguing that Patel had not departed from the standard of care in that he had placed her in the supine position and secured her arms with Velcro straps during the surgery. The defense experts opined that there was no evidence the plaintiff had been moved with sufficient force during the surgery to cause a torn rotator cuff and that the tear was degenerative in nature. The trial court granted the motion.

Affirming, the appellate court found that the plaintiff failed to raise an issue of fact as to whether Patel had departed from the standard of care or whether any alleged departure proximately caused her injury. The plaintiff’s expert, although opining that Patel should have used contoured arm board padding during surgery, conceded that the physician had appropriately positioned the plaintiff in a supine position with her arms at her side. The expert’s affidavit was conclusory, the court said, adding that the expert also failed to explain how the absence of padding led to any injury.

Accordingly, summary judgment for the defense was proper.

Citation: Vucetaj v. Dahl, 2024 WL 5048882 (N.Y. App. Div. Dec. 10, 2024).