dr michael cross leaving hss

However, the Court of Appeals intended no such exception, and to the extent this Court has created one, it did so, whether knowingly or unwittingly, by relying on precedents which predate Brill and which, if followed, will continue to perpetuate a culture of delay. Bonanno v. Mayman, 2019 N.Y. Slip Op. 33343 | Casetext Search + Citator Tel: (212) 606-1000. They work like a well-oiled machine. Find Providers by Specialty Find Providers by Procedure. Rather, we enforce the law as written by the legislature, and as explained in Brill. Sinai where plaintiff later underwent a two stage revision cervical laminectomy with fusion. Opinion by Feinman, J. In Frelinghuysen's words, he and Girardi decided that surgery "would not help." It was also Dr. Girardi's opinion that, given plaintiff's extensive spinal disease and the prospect of low improvement, the risk of surgery including quadriplegia or even death, was clearly not warranted. Although the system mainly runs in the . Request an Appointment 317.275.6191 (Fax: 317.884.5360) Meet Dr. Michael Cross Dr. Cross earned his bachelor's degree from Washington University in St. Louis in 2002. This opinion is uncorrected and subject to revision before publication in the Official Reports. Ctr., 123 AD2d 843 [2d Dept 1986]). The motion court properly dismissed the case as against HJD. The dissent expresses concern about an extra burden to the courts and litigants if we strictly enforce Brill "without taking into consideration the circumstances of the case." According to plaintiff, he understood that surgery would be performed in late December, and he began obtaining the necessary medical clearances. Footnote 3: In Cadichon v Facelle (18 NY3d 230 [2011]), the Court reversed a "ministerial" dismissal based on the failure to timely file the note of issue because the trial court did not provide notice to the parties or issue a formal order; the decision notes that the record showed that neither set of parties acted "with expediency in moving the case forward," and that deadlines must not be disregarded (id. Get free summaries of new New York Appellate Division, First Department opinions delivered to your inbox! Type a specific doctor's name, body part, procedure or condition, then choose from the options. Saint Elizabeth Edgewood Hospital 1 Medical Village Dr Edgewood, KY 41017. HSS Alumni Association Newsletter: Fall 2009 In opposition plaintiff's expert did not offer an opinion as to what specific injury plaintiff endured as a result of HJD's decision not to perform surgery and made only broad conjectures which were insufficient to defeat HJD's motion (see Foster-Sturrup v Long, 95 AD3d 726 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]). You can explore additional available newsletters here. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. A bitter divorce between a top New York City spine surgeon and his beauty-queen wife was quickly settled Monday after he filed court papers making tawdry accusations that she was moonlighting as. The gravamen of his claim is that HSS and HJD failed to timely perform surgery upon him, leaving him with neurological and muscular damage that would not have occurred had the surgery been performed earlier. But most importantly, the dissent's approach is in derogation of CPLR 3212(a). with the kind of [*12]degeneration of the spinal cord [plaintiff] had, risk[ed] creating symptoms in the hands or feet. He graduated from Vanderbilt University School Of Medicine in 2006. It wrote, Plaintiff continued to complain of cervical and lumbar discomfort and worsening of the pre-existing weakness in his right upper extremity. Tom, J.P., Acosta, Saxe, Freedman, Feinman, JJ. He further opined that there was no identifiable injury sustained in the four-month period between plaintiff's first visit at HJD and when he first went to Mt. HSS Names Michael P. Ast, MD, Vice-Chair and Chief Medical Innovation Plaintiff commenced his lawsuit in May 2007, claiming medical malpractice and failure to secure informed consent. As the Court of Appeals has admonished, " No opinion is an authority beyond the point actually decided, and no judge can write freely if every sentence is to be taken as a rule of law separate from its association'" (Matter of Staber v Fidler, 65 NY2d 529, 535 [1985], quoting Dougherty v Equitable Life Assur. The majority concludes that plaintiff failed to demonstrate any injury sustained as a result of the delay in surgery and upholds the dismissal of the complaint as against HJD on this ground a result in which I wholly concur. On November 19, 2004, the clinic notes indicate that Frelinghuysen planned to review the patient films with Girardi and "we will plan for an anterior cervical decompression and fusion at a later date." Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. To the contrary, the compelling interest is judicial economy, which militates in favor of summary disposition of even an untimely motion made in response to one timely filed (see Burns, 307 AD2d at 864), [*16]especially if that "summary judgment motion may resolve the entire case" (Brill, 2 NY3d at 651). dr michael cross leaving hss Book online with our top ranked surgeons, physicians or specialists in orthopedics, rheumatology, or sports medicine. Save my name, email, and website in this browser for the next time I comment. Dr. Michael B. Cross, MD | Lafayette, IN | Orthopedist | US News Doctors Thus, Brill cannot be said to reflect an intent to abandon the conspicuous advantages of summary judgment for the sake of procedural formalism. Under the circumstances presented, the motion court was within its discretion to review HSS's motion on the merits (see Alexander, 95 AD3d at 1247; Grande, 39 AD3d at 591-529). Again, in hindsight, he formulates a conclusory opinion that the more aggressive approach to treatment was the proper one; the competing medical factors to be considered in deciding whether to perform the surgery are simply not addressed. Sign up for our free summaries and get the latest delivered directly to you. Oice of Alumni Afairs 535 East 70th Street, New York, NY 10021 212.606.1057 . To prevail on a summary judgment motion, the moving party must produce evidentiary proof in admissible form sufficient to warrant the direction of summary judgment in his or her favor (GTF Mktg., Inc. v Colonial Aluminum Sales, 66 NY2d 965, 967 [1985]). Kershaw v Hospital for Special Surgery :: 2013 :: New York Appellate In short, the HSS "cross motion" was more than a late "me too" motion and should not have been considered on its merits. The rule is that a cross motion is an improper vehicle for seeking relief from a nonmoving party (Mango v Long Is. Plaintiff did not return to HSS for slightly over one year after this visit. As defendant Hospital for Special Surgery (together with codefendants Frelinghuysen and Girardi, HSS) concedes, its cross motion was untimely, and it did not allege any good cause for its delay. Top Hip Replacement and Knee Replacement Surgeons | HSS In June 2004, plaintiff returned to HSS with continuing complaints of progressive right shoulder weakness, increased neck pain and decreased balance. Dr. Michael M. Alexiades is an orthopedist in Lake Success, New York and is affiliated with multiple hospitals in the area, including Hospital for Special Surgery and New York-Presbyterian. The course adopted by plaintiff of locating a medical team possessing the requisite skills at a hospital equipped with the appropriate facilities represents a seemingly optimal outcome which, as a matter of policy, should not be compromised by the threat of litigation. at 652). Dr. Michael B. Cross's office location Michael B. Sinai, in October 2006, plaintiff returned to HJD's neurology clinic, reporting a lack of improvement in upper extremity strength, and some pain and numbness on the right arm and hand. We are concerned that the respect for court orders and statutory mandates and the authoritative voice of the Court of Appeals are undermined each time an untimely motion is considered simply by labeling it a "cross motion" notwithstanding the absence of a reasonable explanation for its untimeliness. He then attended medical school at Vanderbilt University, graduating in 2006. Under the circumstances presented by this matter, this view constitutes an unnecessarily rigid application of [*14]CPLR 3212(a), contravening the sound policy considerations underlying the decision and the intent expressed by the Legislature in amending the statute. Dr. Cross completed his internship at New York-Presbyterian/Weill Cornell Medical Center in 2007 and his residency at Hospital for Special Surgery in New York in 2012 where he was awarded the Russell Warren Basic Science Research Award and the Jean McDaniel Award, which is given to the Chief Resident who best demonstrates leadership, professionalism and ethics in the care of patients. Michael B. Cross M.D - Orthopaedic Surgeon | New York NY Dr. Frelinghuysen testified that, in or about December 2004, after he reviewed plaintiff's film with Dr. Frederico Girardi, another HSS orthopaedic surgeon, he decided that surgery was not an option for treating plaintiff because it would expose plaintiff to myriad risks, and not improve his condition. (108 AD3d 403, 404 [1st Dept 2013]) Even if we were to find that the Court of Appeals intended for an exception to be carved out of Brill for incorrectly labeled "me too cross motions," that is, motions relying on the arguments and evidence of the originally filed motions, to the extent HSS's motion against a nonmoving party can be properly considered such a motion, the motion court correctly found that it is not merely a duplication of HJD's timely motion. The evidence will be construed in the light most favorable to the one moved against (see Young v New York City Health & Hosps. HJD met its burden of showing prima facie entitlement to summary judgment, proffering evidence that plaintiff was not caused to suffer any injury between February 2005 when HJD found that surgery was not indicated, and April 2005 when he first consulted with Mt. Specialties. Rather, it will be for a trial court and a jury to hear plaintiff's case, and should plaintiff prevail, then, assuming a timely appeal is taken and perfected, and only then, will we have occasion to consider the merits of the claim against HSS. An overly expansive application of Brill invites unintended consequences following from the Legislature's 1996 amendment of CPLR 3212(a). Footnote 2: Supreme Court's extension of the time to file dispositive motions had given the parties a total of 82 days after the filing of the note of issue on August 24, 2011. ford edge liftgate reset; 2007 dodge grand caravan rear shocks; gotham point lottery results; singer serger heavy duty manual; spectacle hut tampines mall He underwent a course of steroid injections. Menu. Plaintiff commenced this action against HSS and HJD claiming, in essence, that defendant hospitals were negligent in declining to timely perform the surgery he sought, particularly, that their delay caused him to sustain injury that otherwise might have been avoided. DEPUTY CLERK Accordingly, the Court of Appeals refused to address the motion on its merits, pursuant to CPLR 3212(a). Remote Second Opinion . Here, at the time HSS submitted its untimely motion for summary judgment, the proceedings were already stayed by the concededly timely summary judgment motion brought by HJD. The clinic notes of June 11, 2004 indicate that his "symptoms have progressed with increased right shoulder atrophy"; a new round of studies was scheduled. Footnote 4: The dissent overlooks the very different lengths of treatment offered to plaintiff by HSS and HJD. Michael Cross is a provider established in Indianapolis, Indiana and his medical specialization is Orthopaedic Surgery with more than 17 years of experience. However, the expert failed to support his assertion with an analysis of the multiple diagnostic tests and physical examinations conducted over the years. HSS Florida is a joint venture with Tenet Healthcare. Dr. Michael Allen Cross 5053 Wooster Rd Cincinnati, OH 45226. Sinai. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. The cross movant may rely on the papers submitted with the main motion to support the relief sought. [Habiterra Assocs. In July 2005, he was examined by an orthopedic surgeon who determined that plaintiff needed surgery to prevent his condition from worsening, not in order to regain function. Find a Doctor: By Name, Specialty, Location & Insurance Find a Doctor At HSS, the world's best musculoskeletal specialists work together to provide the best care for you. The best that surgery could do was stop the myelopathy, but there was risk of permanent paralysis or death, "well beyond the standard for such risks for cervical spine cases." Dr. Anthony Petrizzo of HJD examined plaintiff on February 11, 2005, finding severe upper extremity atrophy, with deltoid strength at 1/5, and 2/5 strength to the biceps. Hospital for Special Surgery and the HSS Alumni Association gratefully thank the Autumn Beneit Committee for ongoing support and major funding for several medical education initiatives, including publication of . According to the affidavit, Murphy reviewed the medical records and opined that surgery for plaintiff was "indicated as early as June 2003 when the diagnosis of cervical spondylitic myelopathy was made," and from that time until December 2005 when surgery was performed, plaintiff's neurological condition deteriorated. Unlike the dissent, we do not find that a straightforward interpretation of the statute, or Brill, leads to "absurd and unintended consequences," especially as the Court of Appeals acknowledges in Brill that if the strictures of CPLR 3212(a) are applied "as written and intended," there may be situations where a meritorious summary judgment motion may be [*8]denied, "burdening the litigants and trial calendar with a case that in fact leaves nothing to try" as was the result in Brill (2 NY3d at 653). [FN3] Corp., 91 NY2d 291, 296 [1998]; Bielat v Montrose, 272 AD2d 251, 251 [1st Dept 2000]). Dr. Michael Cross, MD - Lafayette, IN | Orthopaedic Surgery In Brill, the City of New York moved for summary judgment on the basis that it never had notice of the defect and therefore could not be liable for the plaintiff's personal injuries by law. The clinic notes also indicate that plaintiff told the examining physician that he had recently secured a job and was not interested "whatsoever" in immediate surgery; plaintiff disputes this and says he was not working at that time. He then attended medical school at Vanderbilt University, graduating in 2006. Acknowledgment Hospital for Special Surgery gratefully thanks the Autumn Benefit Committee for ongoing support and major funding for . On November 11, 2011, HJD moved for summary judgment, making its motion returnable on December 14, 2011. There is no suggestion that the narrow interpretation imposed upon the term "good cause" in Brill is meant to apply in circumstances, such as here, where a timely motion is followed by a corresponding motion that is not. Diet & Weight Management Drugs & Supplements. Dr. Michael Cross | Total Joint Replacement | OrthoIndy Hip & Knee Doctor Peter commented in his entry: I had an amazing experience with Dr. Cross and his team at the Hospital for Special Surgery. Chronic noncompliance with deadlines breeds disrespect for the dictates of the Civil Practice Law and Rules and a culture in which cases can linger for years without resolution. However, the solution, the Court of Appeals explains, is not for the courts to overlook or bend CPLR 3212(a) to fit the particular circumstances, but for "practitioners [to] move for summary judgment within the prescribed time period or offer a legitimate reason for the delay" (id.). Dr. Ast is affiliated with Hospital For Special Surgery and Hospital for Special Surgery. Moreover, while there is mention of a surgical option in the 2004 hospital records, the evidence does not show that evaluation of the attendant risks and benefits was undertaken until October 2004, culminating in the December 2004 decision that the associated risk was too great. Tue 7:00 am . Decided on December 24, 2013 The doctor also noted that plaintiff's "only option" might be a future shoulder arthrodesis "to allow him to have a more functional lifestyle." florida math book ban examples - foyerhub.com We therefore affirm the branch of the motion court's order which denied HSS summary judgment as untimely made without consideration of its merits. Particularly, the majority holds that the summary judgment motion interposed by HSS was untimely and beyond the motion court's power to entertain pursuant to Brill. In our view, Brill expresses the Court's overall desire to curb "sloppy" litigation practices, one of them being late summary judgment motions. Strict and rigid application of Brill is even less understandable given the similarity of the grounds advanced by the respective hospitals in support of their summary judgment motions and the ground upon which disposition rests. The doctor also noted that plaintiff did not objectively regain any strength or function after having the surgery at Mt. See times, locations, directions & contact information for Dr. Michael Cross in Indianapolis, IN. 212.606.1823 212.734.3833 (fax) www.hss.edu alumni@hss.edu. At a follow-up visit in June 2003, he was told that he might not fully recover his right arm motor loss; he was "somewhat disappointed" but acknowledged that his 1994 surgery had a similar result as to his left side. Removal of Skunks, Raccoons, Squirrels, Bats, Snakes, and More! by Peter Gordon. HSS did not merely rely on the papers amassed by HJD, and as the motion court correctly noted, "[d]ifferences [in the factual record] necessarily exist because [plaintiff] was a patient at HSS for an extended time before he came to [HJD]" and he was "a patient [at HJD] from only February 2005 to September 2005. The motion court granted HJD's motion and denied the motion of HSS. He received his medical degree from University of Cincinnati College of Medicine and has been in practice for more than 20 years. The Best of the Best in Orthopedic Surgery. Likewise, there is no indication that plaintiff was prepared to undergo the procedure prior to October 2004, when he first consulted with Dr. Freylinghuysen. Dr. Petrizzo testified that the overwhelming majority of patients with cervical myelopathy do not regain function after decompression surgery. 2013 NY Slip Op 08548 Some decisions also reason that because CPLR 3212(b) gives the court the power to search the record and grant summary judgment to any party without the necessity of a cross motion, the court may address an untimely cross motion at least as to the causes of action or issues that are the subject of the timely motion (see Filannino, 34 AD3d at 281, citing Dunham v Hilco Constr. Thus, there were issues of fact raised "as to the advisability of surgery sufficient to defeat the motion for summary judgment on the merits.". Co-Chief of the Sports Medicine and Shoulder Service, and John Cavanaugh, PT, MEd, ATC, SCS, Clinical Supervisor, HSS Sports Rehabilitation and Performance Center, at the 2012 Summer Olympic. DOWNLOADABLE RESOURCE: THE ULTIMATE GUIDE TO TOTAL KNEE REPLACEMENT, DOWNLOADABLE RESOURCE: THE ULTIMATE GUIDE TO TOTAL HIP REPLACEMENT, Russell Warren Basic Science Research Award Altschuler, in turn, relied on a pre-Brill decision, James v Jamie Towers Hous. Order, Supreme Court, New York County (Alice Schlesinger, J. At [HJD] he was a patient from only February 2005 to September 2005, and he was also a patient at Mt. A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. Find expert care and book online. Plaintiff's expert does not even address the question of whether, taking plaintiff's obviously compromised physical condition into account, it was a departure from good and accepted medical practice to pursue a conservative course of treatment rather than assume the risk of surgical intervention. Find Providers by Condition. Likewise, the legislative memorandum in support of the amendment to CPLR 3212(a) is concerned with the disruption to court calendars by a motion interposed on the eve of trial (Sponsor's Mem, L. 1996, ch 492 reprinted in 1996 McKinney's Session Laws of NY at 2432-2433). [*9]. However, for reasons bereft of any sound basis in law or judicial policy, it refuses, primarily on procedural grounds, to apply the same reasoning to dismiss the complaint as against HSS. On October 1, 2004, plaintiff saw defendant Dr. Peter Frelinghuysen, an orthopaedic surgeon at HSS, who noted that he was "very concerned" that there was only a small chance that surgery would improve plaintiff's condition. We help patients restore the quality of life they deserve and desire. Since trial of this matter was already stayed by HJD's timely motion for summary judgment at the time HSS submitted its marginally late summary judgment motion which raises the same dispositive issue as the timely motion, refusing to entertain the subsequent motion does nothing to avoid the delay of trial and waste of judicial resources, the primary purposes of Brill, by requiring trial of a virtually identical lawsuit ripe for summary disposition. American Academy of Orthopaedic Surgeons In support of its motion, HSS even relies on the same affidavit by Dr. Olsewski submitted in support of HJD's motion. He accepts multiple insurance plans, including Medicare. Ten months after the surgery at Mt. ", As to the delay causing any injury, the doctor stated that there was no identifiable injury caused by any alleged delay during the four month period between when plaintiff was first seen at HJD and when he first went to Mt. After residency, Dr. Cross completed his fellowship in Adult Reconstruction at Rush University Medical Center in 2013where he won the Jorge O. Galante, MD Fellow Research Award. Time Program Topic Faculty; Orthopaedic Summit. Cross, MD. Dr. Michael Cross' Practice at the HSS Pavilion in New York, NY The majority thereby dispenses with the salutary aspects of summary disposition acknowledged in Brill for no apparent purpose. Plaintiff was referred for pain management and to HJD's neurology and hand clinics, with the notation that "no further surgery for the cervical spine [was] indicated.". After surgery, he was pain-free but did not recover a full range of motion in his upper left arm. On March 24, 2016, Dr. Machler reported the results of a weeklong skin patch test, in which plaintiff was exposed to 121 allergens against the skin of his back. He attended Washington University in St. Louis for his. The plaintiff's expert's opinion is equally conclusory whether it is applied to the asserted negligence of either [*18]facility, and if it does not suffice to sustain the action as against HJD, it does not suffice to sustain the action as against HSS. Health insurers that provide access to Hospital for Special Surgery (click the insurance company name for more details) Aetna Affinity by Molina Healthcare Blue Cross Blue Shield - Empire Blue Cross Blue Shield - Horizon Dr. Michael Cross, MD is a board certified orthopedic surgeon in Lafayette, Indiana. The motion court also correctly denied summary judgment to HSS because its motion was untimely made without any explanation for its untimeliness, let alone good cause (see CPLR 3212[a]). Sinai Hospital in December 2005, with no objective sign of improvement in physical function after over 10 months, according to his surgeon's report and tests taken at HJD's neurology clinic in October, 2006. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and rev Michael B. HSS appealed from the denial of its "cross motion" and plaintiff cross-appealed from the grant of HJD's motion. I simply note that Brill is inapposite to the facts of this matter and that both the decision and the statute it construes apply only to a party whose motion has the effect of staying and delaying trial. Palomo v 175th St. Realty Corp., 101 AD3d 579 [1st Dept 2012]; Conklin v Triborough Bridge and Tunnel Auth., 49 AD3d 320 [1st Dept 2008]; Filannino v Triborough Bridge & Tunnnel Auth., 34 AD3d 280, 281-282 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]; Osario v BRF Constr. Dr. Michael Ast, MD | Paramus, NJ | Orthopedic Surgeon | Vitals As to HSS, the court clearly held that because the cross motion was filed impermissibly [*5]late with no reason offered for the lateness, it should be denied. Finally, we note the dissent's concern that allowing this litigation to proceed based on plaintiff's particular theory of negligence could result in placing surgeons in an impossible situation either of performing a procedure that is deemed ill-advised and being subject to any liability for aggravation of a condition, or declining and being subject to liability for refusing to [*11]assume the risk that the surgery entails. Dr. Michael Brian Cross, MD Orthopedic Surgery Leave a review Orthoindy Northwest 8450 Northwest Blvd, Indianapolis, IN, 46278 12 other locations (317) 802-2000 Overview Locations OVERVIEW. The majority concludes that summary disposition is precluded by the Court of Appeals' decision in Brill v City of New York (2 NY3d 648 [2004]), without reference to the judicial policy espoused in the opinion. In April 2003, plaintiff again returned because he was experiencing increased weakness in his right upper arm. Co. (294 AD2d 268, 272 [1st Dept 2002], affd 99 NY2d 639 [2003]). Because of the particular procedural posture of this matter, the order directing that it proceed to trial is ultimately futile, but application of the majority's rationale will unnecessarily burden both courts and litigants. Michael B. While defendants have not raised the question of whether the complaint is actionable, the issue should nevertheless be decided preliminarily. Here, HJD's submission of its moving papers a mere three days before the final date set by the trial court contravenes the spirit of Brill by depriving HSS of an adequate opportunity to timely file its own application for similar relief because, at such point in time, HSS is presumed to have been devoting its resources to preparation for trial (Brill, 2 NY2d at 651). Associate Professor of Orthopaedic Surgery OrthoIndy. He graduated medical school from Vanderbilt University as a member of the Alpha Omega Alpha Medical Honor Society. Michael B. All Sessions by Michael B. Burns v Gonzalez, 307 AD2d 863, 864-865 [1st Dept 2003]; Garrison v City of New York, 300 AD2d 14, 15 [1st Dept 2002], lv denied 99 NY2d 510 [2003]). On October 1, 2004, plaintiff first met with defendants Peter Frelinghuysen, M.D. I am returning on Oct 9, 2020, for my left knee and am actually looking forward to it. The clinic notes indicated that plaintiff "need[ed] a decompression at C3-4, C4-5 and C6-7," that "probably" this would be done in an anterior approach, and that "surgery will be booked in the near future." Plaintiff opposed defendants' motions for summary judgment, although he did not address the claim of lack of informed consent. Auth. PDF Expert Opinion provided by Dr. Michael Cross World-Renowned Experts Focused on You As leaders in the field, the doctors at HSS Florida have years of experience in caring for people with all types of orthopedic conditions, from persistent knee pain to shoulder injuries. On January 10, 2012, [*6]well after the deadline for dispositive motions had passed, HSS "cross-moved" for summary judgment without providing any explanation whatsoever for its delay.

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