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Maynard, O'Connor, Smith & Catalinotto, LLP

October 17, 2013

Maynard O’Connor Welcomes Joe Juidiciani to the firm

Category: Uncategorized — admin @ 8:32 am

We are pleased to announce that Joe Juidiciani has joined the firm as an associate attorney.   Joe concentrates his practice in the areas of civil litigation, including tort liability and medical malpractice.  He also specializes in insurance coverage matters, including commercial general liability and property coverages.

Prior to joining the firm, Joe worked in private practice in New York City handling a variety of insurance coverage matters for both domestic and foreign insurance carriers.   He also previously worked as a Staff Attorney for a national insurance carrier.

The addition of Joe expands the firm to a team of 16 attorneys engaged in diverse areas of practice.

October 14, 2013

Firm Successful at Trial in Defense of Malpractice Claim

Category: Uncategorized — admin @ 8:00 am

Tom Daley recently successfully represented a local surgeon in Supreme Court, Saratoga County.  During the one-week trial, the  theory of the case was that the plaintiff had sustained a permanent nerve injury secondary to the performance of a muscle biopsy.  The plaintiff claimed permanent numbness as well as pain requiring the use of medications  to allow the plaintiff to function.  A claim was also asserted claiming that an informed consent had not been obtained from the plaintiff prior to the procedure being performed, and that she would not have consented to the procedure had she known that permanent numbness and pain could result.  (At the close of the proof presented by the plaintiff, the lack of informed consent claim was dismissed.)  The plaintiff’s expert argued that the biopsy had not been performed in the correct location, resulting in the severing of a nerve.  In opposition to this testimony, the defendant doctor testified that his performance of the biopsy was proper.  The defense also presented an expert who testified that the biopsy was taken from the correct location and that the nerve allegedly severed should not have been in the area of the incision.  The defense also presented the testimony of a neurologist who  testified  that the nerve in question was clearly not severed and that there was no indication that the biopsy was improperly performed.   After a 6 hour deliberation, the jury found in favor of the defendant.

October 7, 2013

Successful Defense in Medical Malpractice

Category: Uncategorized — admin @ 8:00 am

Concetta Lomanto was recently successful in defending a doctor and her practice group at trial in a medical malpractice case. The trial, which took place in Albany County, lasted two and half weeks. The allegation against the doctor was that she delayed in performing or scheduling plaintiff for a surgical repair to his blood vessel. According to plaintiff’s allegation, as a result of that, plaintiff suffers from ongoing nerve damage to his leg, preventing him from engaging in many of the activities he once enjoyed.

During the course of the trial, Concetta Lomanto introduced evidence on behalf of the doctor that definitely demonstrated that at the time the doctor first saw and treated the plaintiff, his condition was absolutely stable. He was not worsening, and his condition did not constitute an emergency or urgent repair. Concetta further introduced evidence that it is not appropriate to perform emergency surgery on a patient who is not in an emergent or urgent condition. Despite the fact that plaintiff was claiming emergency surgery should have been performed, defendant’s evidence showed that the risks of such emergency surgery would far outweigh any benefit when faced with a stable, non-emergent patient.

Evidence was also introduced that demonstrated that the complaints plaintiff currently has are not related to any decreased blood flow to his leg. Instead, some of his complaints were related to preexisting back issues and some were a known complication of the repair surgery.

On the sole question as to any medical malpractice by the doctor, whether it was a deviation from accepted standards of care for her to schedule surgery for the day after she saw the plaintiff, the jury unanimously declared that there was no deviation, no malpractice by the doctor.

October 1, 2013

Firm Opens Milestone File

Category: Uncategorized — admin @ 8:01 am

cakephotoMaynard, O’Connor recently celebrated the opening of its 30,000th file… or at least the 30,000 file since the mid-1990s, when we implemented our current file numeric system.  Since our founding in 1919, the firm has handled several times that many files, involving the full range of legal issues, in practice areas ranging from personal injury to real estate to matrimonial law to employment law…and “everything in between”.