Dr. Cross earned his bachelors degree from Washington University in St. Louis in 2002. Hospital for Special Surgery/Cornell Medical Center Residency, Orthopaedic Surgery, 2007 - 2012. American Academy of Orthopaedic Surgeons He further opined that had the surgery been performed in 2003, plaintiff's "final outcome would have been substantially improved and he would not have sustained such a severe degree of weakness and loss of function of his right upper extremity." Were the motions properly labeled they would not be judicially considered without an explanation for the delay. Neither the motion court nor the majority identifies any prejudice that was incurred by any party due to HSS's motion that might warrant requiring HSS to forfeit summary determination. Cross, MD. In other words, Brill calls on the courts to lead by enforcing the words of the statute, rather than let attorney practice slowly eat away at the integrity of our judicial system. The Hospital for Special Surgery a pre-eminent facility for musculoskeletal health and orthopedics and a New . 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 The dissent considers our application of Brill in this instance to be "rote," and that our interpretation is antithetical to that decision's policy considerations of preventing eve-of-trial summary judgment motions. Cross M.D - Orthopaedic Surgeon - Home | Facebook New York Presbyterian Hospital Internship, Preliminary Year, 2006 . Find expert care and book online. The NPI number of this provider is 1235397043 and was assigned on May 2008. 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. Brill draws a bright line based on the two elements of CPLR 3212(a): the statutorily imposed or court-imposed deadlines for filing summary judgment motions, and the showing of good cause by a late movant in order for its motion to be considered. A late motion filing is properly entertained when it raises nearly identical issues to one timely made (see Lapin v Atlantic Realty Apts. Nevertheless, the court observed that plaintiff's expert Dr. Michael J. Murphy clearly opined that the surgery was necessary, not so much to improve plaintiffs's condition, but to prevent it from worsening. An MRI taken of his right shoulder in May 2005 showed "severe atrophy" of certain muscles and "mild atrophy" of other muscles, "likely due to the patient's cervical myelomalacia." The motion by HJD was submitted on November 11, 2011, three days before the deadline of November 14, 2011 imposed by the motion court under 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. Co., LLC, 48 AD3d 337, 337 [1st Dept 2008]; Alexander v Gordon, 95 AD3d 1245, 1246-1247 [2d Dept 2012]; Grande v Peteroy, 39 AD3d 590, 591-592 [2d Dept 2007]). The value of enforcing the terms of the statute as written is that attorneys will make sure their motions are timely filed or that there is a good reason for the lateness. Plaintiff undertook these programs through HJD's clinic, and was treated continuously until September of 2005. By notice of cross motion dated January 10, 2012, HSS moved for summary judgment and dismissal, relying on HJD's expert's affidavit and that of defendant Girardi. 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. While continuing at HJD, plaintiff also sought treatment at Mt. Auto. Michael Cross is a provider established in Indianapolis, Indiana and his medical specialization is Orthopaedic Surgery with more than 17 years of experience. Required fields are marked *. However, bending the rule results in the practical elimination of the "good cause shown" aspect of CPLR 3212(a), and the clear intent of Brill. hurley joggers womens; sink clips not long enough; viewsonic vx3276 mhd reset; usaa dental insurance number; dr michael cross leaving hss. Accordingly, the cross motion was properly denied, regardless of its merits. 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. 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. Plaintiff had "significant C-5 weakness of the right upper extremity." HSS Florida is a joint venture with Tenet Healthcare. All concur except Tom, J.P. and Freedman, J. who dissent in part in an Opinion by Tom, J.P.TOM, J.P. (dissenting in part). According to plaintiff, he understood that surgery would be performed in late December, and he began obtaining the necessary medical clearances. The le-de-France tramways ( French: Tramways d'le-de-France) is a network of modern tram lines in the le-de-France region of France. [Habiterra Assocs. In James, the defendant moved for summary judgment and the codefendant served its cross motion late but before the original motion had been decided; James held that the untimely cross motion should have been considered as the original motion was still pending and both could have been decided together. In July, 2005, plaintiff saw orthopaedic surgeon Dr. Andrew Hecht of Mt. Orthopaedic Research Society, Make an appointment with This is an aberrant medical malpractice action brought against two hospitals for declining to provide additional surgical treatment to plaintiff because, in their estimation, further surgical intervention presented an unjustifiable risk of quadriplegia or death and offered little to no prospect of relieving his symptomatology. Dr. Cross specializes in adult reconstructive surgery of the hip and knee, including primary and revision joint replacements. 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 doctor Michael Brian Cross Orthopedic Surgeon physician in White Plains, NY. Menu. Moreover, "because of a phenomenon called rebound myelopathy, an operation . Plaintiff's MRI was reviewed and it was determined that surgery was not indicated. 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." Removal of Skunks, Raccoons, Squirrels, Bats, Snakes, and More! Cross M.D - Orthopaedic Surgeon, New York, New York. Physical therapy, pain management and treatment in HJD's neurology, hand and shoulder clinics were recommended. Furthermore, both the memorandum and Brill identify an adversarial party's lack of adequate time to prepare a response to the motion as the problem to be addressed. We therefore affirm the branch of the motion court's order which denied HSS summary judgment as untimely made without consideration of its merits. [*7]. Dr. Petrizzo testified that the overwhelming majority of patients with cervical myelopathy do not regain function after decompression surgery. 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. 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. Thus, his opinion is an ambiguous statement of causation, amounting to bare conjecture, which is insufficient to defeat a motion for summary judgment (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408, 410-411 [1st Dept 2012], affd 20 NY3d 945 [2012]). PDF Expert Opinion provided by Dr. Michael Cross DOWNLOADABLE RESOURCE: THE ULTIMATE GUIDE TO TOTAL KNEE REPLACEMENT, DOWNLOADABLE RESOURCE: THE ULTIMATE GUIDE TO TOTAL HIP REPLACEMENT, Russell Warren Basic Science Research Award This surgeon was submitted to G.O.S. Significantly, Brill deals with the straightforward situation in which an initial summary judgment motion is filed well after a matter has been certified as ready for trial "in violation of legislative mandate" (id. With the advantage of hindsight, the doctor offers that "[w]hile further diagnostic studies were not inappropriate, they did not contribute any substantial information which would alter the indicated treatment." HSS argued to the motion court, as it does to this Court, that its motion should be considered on the merits because it merely presents the same arguments made by HJD. In opposition, Murphy's opinions were "somewhat conclusory." DEPUTY CLERK 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. New York County (Alice Schlesinger, J. 2013 NY Slip Op 08548 According to Girardi, after viewing the films, in his opinion the severity of plaintiff's spinal disease and the low prospect of improvement did not warrant the risks of surgery. Dr. Cross is one of the most pleasant medical providers that I have ever come in contact with. Ctr., 123 AD2d 843 [2d Dept 1986]). In particular, the records suggest that HSS believed surgery was appropriate and helpful in as early as 2003, surgery is repeatedly mentioned in the records of 2004, and plaintiff believed that surgery had been scheduled. Health A-Z. [FN3] Cross appeals from the order of the Supreme Court, Mr. Michael Brian Cross M.d. Npi 1235397043 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.). Co., 89 NY2d 425, 429 [1996]). Hospital for Special Surgery (HSS) President and CEO Louis A. Shapiro and Surgeon-in Chief and Medical Director Bryan T. Kelly, MD, today announced the appointment of Michael P. Ast, MD, hip and knee replacement surgeon and assistant professor of orthopaedic surgery, as the new Vice-Chair of the HSS Innovation Institute and Chief Medical He is board certified in Orthopedic Surgery and graduated from VANDERBILT UNIV SCH. Co., 95 AD3d 568, 560 [1st Dept 2012] [court's clerical error, [*10]explained through an affidavit of the paralegal, provided good cause for granting the motion seeking renewal of the motion for summary judgment]). Specialties. florida math book ban examples - foyerhub.com Contrary to the majority's assertion, I do not advocate limiting application "of Brill to those actions where a party files a motion for summary judgment long after the deadline for dispositive motions and the matter is on the trial calendar." This is also reflected in their individual motion papers. If it was indeed the Legislature's intent to preclude dilatory conduct, not to deprive a court of the ability to resolve an entire case summarily, then it falls within the observation of the United States Supreme Court in Holy Trinity Church v United States (143 US 457, 472 [1892]) that "however broad the language of the statute may be, the act, [*15]although within the letter, is not within the intention of the legislature, and therefore cannot be within the statute.". 35 Mayflower Avenue Unit B Stamford, CT 06906 Phone +1 (212) 987-OSET (6738) CONTACT US . Rather, we enforce the law as written by the legislature, and as explained in Brill. Featured Providers Near You Dr. Brian Anthony Cole, MD Electronic tests revealed that plaintiff's cervical condition was significantly the same as in 2005 which supported Dr. Hecht's post surgical findings. As this Court recently noted in Williams v New York City Tr. In the case at bar, HSS relies on Lapin v Atlantic Realty Apts. Brill reiterates Kihl's statement that, " [i]f the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity'" (2 NY3d at 652-653, quoting Kihl at 123). 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. In response, plaintiff's expert merely averred that if the subject cervical revision surgery had been performed earlier, plaintiff's ultimate outcome would have been substantially improved and he would not have sustained such a severe degree of weakness and loss of function of his right upper extremity. Order, Supreme Court, New York County (Alice Schlesinger, J. He graduated from Vanderbilt University School Of Medicine in 2006. Sinai where plaintiff later underwent a two stage revision cervical laminectomy with fusion. Overall rating 4.92 Wait time 3.69 Bedside manner 4.85 Your trust is our top concern, so providers can't pay to alter or remove reviews. Plaintiff subsequently underwent the subject procedure at nonparty Mt. 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." 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. Saint Elizabeth Edgewood Hospital 1 Medical Village Dr Edgewood, KY 41017. Peltz & Walker, New York (Bhalinder L. Rikhye of counsel), for appellants-respondents. But to reject the motion on that ground, under the facts herein, ignores the adverse consequences of imposing an overly restrictive rule, specifically, consequences that are especially adverse to the courts. Tom, J.P., Acosta, Saxe, Freedman, Feinman, JJ. This site is protected by reCAPTCHA and the Google, New York Appellate Division, First Department, New York Appellate Division, First Department Decisions. 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. "[FN4] There are sufficient discrepancies in the record and in the experts' opinions that raise questions of fact regarding HSS's course of treatment beginning in 2004, if not earlier. All Sessions by Michael B. As to HJD, the court found that, "without any doubt, [its] moving papers, primarily through the thorough opinions expressed by [its expert], [made] out a prima facie case for the relief sought." Cross M.D - Orthopaedic Surgeon | New York NY The result will be judicial economy, as well as lawyerly economy. 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. In our view, Brill expresses the Court's overall desire to curb "sloppy" litigation practices, one of them being late summary judgment motions.
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