ABOUT BARTLETT LLP OUR ATTORNEYS PRACTICE AREAS CONTACT US News SUCCESS ON APPEAL AFTER TRIAL LEADS TO DISMISSAL OF MEDICAL MALPRACTICE CLAIMS August 28, 2018 Senior Trial Partner Robert Devine succeeded at trial in Supreme Court, Queens County, where a jury found that his client did not commit malpractice in the manner in which he performed two surgeries. However, the trial judge let the jury also decide another question of whether the doctor should have referred the patient to someone else rather than perform a procedure himself. The jury awarded $1,250,000.00 in past and future pain and suffering, and the trial judge set the verdict aside as against the weight of the evidence. On appeal, the Appellate Division, Second Department agreed with Mr. Devine’s arguments and held that it was an error for the trial judge to order a new trial on that issue of whether to refer to a sub-specialist. In Previtera v Nath, 2018 NYSlipOp 05879, 2018 WL 399481 (2nd Dept 2018), the Appellate Division granted dismissal of the complaint, and threw out the jury’s award, finding that plaintiff’s expert’s theory was too speculative to make out a case, and ruled for the defendant doctor as a matter of law. * Attorney advertising. Prior successful results do not guarantee a similar outcome. RECENT CASES CIVIL RIGHTS Robert F. Elliott, Robert G. Vizza and Sam Baharvar Achieve Important Dismissal of Civil Rights and Misdiagnosis Suit On Child Abuse Mandated Reporter Immunity APPEALS Appellate Practice Team Garners Two Wins in One Day MALPRACTICE Defendant’s Verdict For Glen Pewarski In Queens County MALPRACTICE Another Defense Verdict for Scott Schneider in Nassau County! GENERAL LIABILITY Gerald Murphy Wins Summary Judgment! MISCELLANEOUS NEWS Bartlett LLP Instructs Its Staff In CPR And The Use Of The Automated External Defibrillator Brian E. Lee Wins Reversal of Justice Center Finding of Abuse and Neglect Against Two Nurses Bartlett LLP 2017 Super Lawyers Announced! Nicholas Switach and the Labor Team Succeed in Adding an Additional Class of Employee to Union Bartlett Sponsors The Brooklyn Women’s Bar Association Latest News MAY. 13, 2021 Robert F. Elliott, Robert G. Vizza and Sam Baharvar Achieve Important Dismissal of Civil Rights and Misdiagnosis Suit On Child Abuse Mandated Reporter Immunity SEP. 2, 2020 Appellate Practice Team Garners Two Wins in One Day OCT. 29, 2019 Defendant’s Verdict For Glen Pewarski In Queens County © 2020 Bartlett LLP | Privacy and Disclaimer Notice

ABOUT BARTLETT LLP OUR ATTORNEYS PRACTICE AREAS CONTACT US The Bartlett LLP Team RECOGNIZED LEADERS IN THEIR FIELD At Bartlett LLP, we hire the best and brightest attorneys who possess knowledge and expertise across a broad range of disciplines. To ensure success, our trial lawyers offer their clients a personalized, result-driven approach to each individual case. Partners Associates Of Counsel Partners Emeritus ATTORNEYS Sam Baharvar Clifford A. Bartlett, Jr. Susan B. Boland Danielle T. Bruno Marybeth Cullinan Robert Devine Robert F. Elliott Anne Marie Garcia Joseph M. Guzzardo « PREV NEXT » © 2020 Bartlett LLP | Privacy and Disclaimer Notice