Brooklyn justices delve into medical malpractice law at Columbian Lawyers CLE event

April 12, 2024 Robert Abruzzese, Courthouse Editor

The Columbian Lawyers Association of Brooklyn and its President, Yolanda Guadagnoli (right), welcomed Justices Connie Mallafre Melendez (left) and Hon. Ellen Spodek (center) as its guest speakers during its CLE meeting this month. Brooklyn Eagle photos by Mario Belluomo

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At the Columbian Lawyers Association of Brooklyn’s monthly Continuing Legal Education (CLE) meeting, held at Gargiulo’s Restaurant in Coney Island on Wednesday, April 3, esteemed Kings County Supreme Court Justices Hon. Ellen Spodek and Hon. Connie Mallafre Melendez discussed intricate medical malpractice issues, providing valuable insights on a slew of pivotal cases.

During their presentation, titled “Medical Malpractice Issues of Interest,” Justices Spodek and Mallafre Melendez dissected a series of complex legal challenges and case decisions, including Gilliam v. Uni Holdings, Sokoloff v. Schor, Fadeau v. Corona Industries Corp, and Garrison v. City of New York, among other significant cases.

In Gilliam, the case arose from a 2017 incident where the plaintiff was struck by a falling ceiling in her Bronx apartment, leading to severe spinal injuries. The legal contention focused on whether the plaintiff’s spine surgery prior to a court-ordered medical exam constituted spoliation of evidence. The Appellate Division, First Department, ruled that such medical treatment does not fall under spoliation, and the court emphasized the preservation of personal health over litigation needs.

Another noteworthy case discussed was Sokoloff, where the plaintiff filed a medical malpractice claim posthumously on behalf of her deceased spouse.

The initial dismissal due to the spouse’s pre-lawsuit death led the plaintiff to refile the lawsuit under CPLR 205(a), which allows refiling if a case is dismissed for procedural errors rather than substantive legal failures. The Appellate Division, Second Department, reversed a lower court’s ruling, reinstating the complaint and affirming the timeliness of the plaintiff’s refiling, stressing that the dismissal was due to a technical error and not neglect to prosecute.

These cases illustrate the complexities and nuances of medical malpractice law, highlighting the balance courts must maintain between procedural requirements and substantive justice.

The discussion by Justices Spodek and Mallafre Melendez not only clarified these intricate legal scenarios but also provided the attending legal professionals with a deeper understanding and appreciation of medical malpractice litigation.

The Columbian Lawyers are hosting their Spring CLE Seminar on April 18-19 at the Ocean Casino and Resort in Atlantic City. The event will include five CLE courses hosted by Hon. Wayne Saitta, Hon. Peter Sweeney, Vito Cannavo, Eva-Marie Cusack and Dean Delianites.