Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022
EXHIBIT A
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF
FILE9: DOC. NO. COU
NASSAU 85 TY CLERK 8 /È4 /ÈÓ18 01:01 PM) RECEIVED INDEX NO.
NYSCEF: 08/29/2022
611506/2019
NYSCÈF Doc No. 1 RECEIVED NYSCEÉ: 0.8/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF NASSAU
Date Filed:
...----------------....------__---- --Ç
DIND BONAVITA
SUMMONS
Plaintiff,
Plaintiff designates Nassau
County as the place of trial
-against-
The basis ofthe venue is:
SYED WMD SAYEED, M.D., PREQSIO
Dëfendant's Practice
SÚRGEINOF NE‚ YORKMC1 NORT14 SHORE
pefendant's practice is
UNIVERÈ,xY HÒSPITAL and NORTHWEli HE LTH,
located at l39 Flandoine Rd,
anasset, NY 11030
Defendants,
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE11EREBY SUMMONED to answer the complaint in this action, and
to serve a copy of your answer, or if the complaint isnot served wiÂh this surnrnons, to
serve apotice úf appearapnet, on the Plaintiffs Attornew(s) withitrtwenty (2.0) days after
the service of thisjunimens, exclusive ofthe day of servicé, where service is inade by
delivery upon you personaUy within the state or within thirty (30) days after the
completion of service where service is made in any other manner. In case of your faihtre
to appear or answer, judginent will be taken against you by default for the relief
demanded in the coniplaint.
Dated: New York, NY
August 24 2018
CAITLIN R & AssoCIATES, PLLC
Caitlin Robin
Attorneys for Plaintiffs
DINOÈONAVITA
30 Broad Stre¢t, Suite 702
New York, New York 10004
Phone: (646.) 554-6026
Fax: (929) 210-7549
1 of 21
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DEFENDANT'S ADDRESS:
SYED MUJAHID SAYEED, M.D.
139 Plandome Road
Manhasset, NY 11030
PRECISION SURGERY OF NEW YORK, P.C.
9 landomehad
Manhasset, NY 11030
NORTH SHORE UNIVERSITY HOSPITAL
300 Community Dr
Manhasset, NY 11030
NORTHWELL HEALTH
2000 Marcus Avenue
New Hyde Park, NY 11042
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______________________..________---______x
DINO BONAVITA,
Plaintiff,
-against- VERIFIED COMPLAINT
Index No,:
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
-________________________________Ç
Plaintiffs, by their attorneys, CAITLIN ROBIN & ASSOCIATES, PLLC, as and
for their Verified Complaint, alleges upon infonnation and belief as follows:
1. At all times hereinafter mentioned, Plaintiff, DINO BONAVITA, was and
is a resident of 17 Sinclair Martin Drive, Roslyn, NY 11576.
2. That upon infonnation and belief, at all times herein mentioned,
Defendant, SYED MUJAHD SAYEED, M.D., was and stillis a duly licensed physician
in the State of New York engaged in the practice of his profession in the County of
Nassau, State of New York, with a principal place of business located at139 Plandome
Road, Manhasset, NY 11030.
3. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as an agent, servant
and/or employee of PRECISION SURGERY OF NEW YORK, P.C. to render medical
evaluation, assessment, diagnosis, care, treatment, services, testing, surgery and/or
consultation to DINO BONAVITA.
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4. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal,
member, shareholderand/orowner of the Defendant PRECISIONSURGERY OF NEW
YORK, P.C., to render medical evaluation, assessment, diagnosis, care, treatment,
services,testing,surgery and/or consultation to DINO BONAVITA.
5. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as an agent, servant
and/or employee of Defendant NORTH SHORE UNIVERSITY HOSPITAL to reilder
medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery
and/orconsultationtoDINO BONAVITA.
6. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal,
member, shareholder and/or owner of the Defendant NORTH SHORE UNIVERSITY
HOSPITAL, to render medical evaluation, assessment, diagnosis, care, treatment,
services,testing, surgery and/or consultation to DINO BONAVITA.
7. That upon information and belief, at all times herein mentioned,
Defendant, SYEDMUJAHID SAYEED, M.D., acted upon tite scope as an agent, servant
and/or employee of Defendant NORTHWELL HEALTH to render medical evaluation,
assessment, diagnosis, care, treatment, services, testing, surgery and/or consultation to
DINO BONAVITA.
8. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal,
member,shareholderand/or owner of the Defendant NORTHWELL HEALTH,torender
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medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery .
and/or consultation to DINO BONAVITA.
9. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., was and stiÌl is a domestic
professional corporation duly organized and existing under and by the laws of the State of
New York with itsprinciple place of business located at 139 Plandome Road, Manhasset,
NY 11030.
10. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., was and stillis a foreign
limited liability company existing under and by the laws of the State of New York with
itsprinciple place of business located at 139 Plandome Road, Manhasset, NY 11030.
11. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., through its agents, servants,
employees and/or other medical personnel or other individuals acting under its agency,
supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held
itself out as a provider offering professional health care services to the members of the
general public, including Plaintiff, DINO BONAVITA.
12. That upon information and belie¶ at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., through its agents, servants,
employees and/or other medical personnel or other individuals acting under its agency,
supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held
itself out as duly qualified to render proper medical evaluation, assessment, diagnosis,
care, treatment, services, testing and/or consultation in accordance with good and
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accepted standards of practice in the community to the members of the general public,
including Plaintiff, DINO BONAVITA.
13. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., owned, operated,
maintained, supervised, managed, and controlled certain medical facilities known as
PRECISION SURGERY OF NEW YORK, P.C., where it employed such agents,
servants and/or employees for the purpose of rending diagnosis, care, treattnent, surgical
services and advice to members of the general public, including Plaintiff, DINO
BONAVITA.
14. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OP NEW YORK, P.C., hired, engaged and/or
otherwise took responsibility for the actions of healthcare professionals, staff and
personnel,including but not limited to Defendant SYED MUJAHID SAYEED, M.D.
15. That upon information and belief, at all times herein mentioned,
Defendant, PRECISION SURGERY OF NEW YORK, P.C., is vicariously liableforthe
actionsand/or omissions of the Defendant, SYED MUJAHD SAYEED,M.D.
16. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was and still is a domestic
professional corporation duly organized and existing under and bythelawsofthe State of
New York with its principle place of business located at 300 Community Drive,
Manhasset,NY11030.
17. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was and still is a foreign
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limited liability company existing under and by the laws of the State of New York with
itsprinciple place of business located at 300 Community Drive, Manhasset, NY 11030.
18. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, through its agents, servants,
employees and/or other medical personnel or other individuals acting under itsagency,
supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held
itself out as a provider offering professional health care services to the members of the
general public, including Plaintiff, DINO BONAVITA.
19. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, through its agents, servants,
employees and/or other medical personnel or other individuals acting under its agency,
supervision and control, including Defendant S.YED MUJAHID SAYEED, M.D., held
itself out as duly qualified to render proper medical evaluation, assessment, diagnosis,
care, treatment, services, testing and/or consultation in accordance with good and
accepted standards of practice in the community to the members of the general public,
including Plaintiff, DINO BONAVITA.
20. That upon information and belief, at all times herein mentioned,
Defendant, EORTH SHORE UNIVERSITY HOSPITAL, owned, operated, maintained,
supervised, managed, and controlled certain medical facilities known as NORTH SHORE
UNIVERSITY HOSPITAL, where it employed such agents, servants and/or employees
for the purpose of rending diagnosis, care, treatment, surgical services and advice to
members of the general public, including Plaintiff, DINO BONAVITA.
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21. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, hired, engaged and/or
otherwise took responsibility for the actions of healthcare professionals, staff and
personnel, including but not limited to Defendant SYED MUJAHID SAYEED, M.D.
22. That upon information and belief, at all times herein mentioned,
Defendant, NORTH SHORE UNIVERSITY HOSPITAL, is vicariously liable for the
actions and/or omissions of the Defendant, SYED MUJAHID SAYEED, M.D.
23. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, was and still is a domestic professional
corporation duly organized and existing under and by the laws of the State of New York
with its principle place of business located at 2000 Marcus Avenue, New Hyde Park, NY
11042.
24. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, was and still is a foreign limited liability company
existing under and by the laws of the State of New York with its principle place of
business located at 2000 Marcus Avenue, New Hyde Park, NY 11042.
25. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, through its agents, servants, employees and/or
other medical personnel or other individuals acting under its agency, supervision and
control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as a
provider offering professional health care services to the members of the general public,
including Plaintiff, DINO BONAVITA.
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26. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, through its agents, servants, employees and/or
other medical personnel or other individuals acting under its agency, supervision and
control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as duly
qualified to render proper medical evaluation, assessment, diagnosis, care, treatment,
services, testing and/or consultation in accordance with good and accepted standards of
practice in the community to the members of the general public, including Plaintiff,
DINO BONAVITA.
27. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, owned, operated, maintained, supervised,
managed, and controlled certain medical facilities known as NORTHWELL HEALTH,
where it employed such agents, servants and/or employees for the purpose of rending
diagnosis, care, treatment, surgical services and advice to members of the general public,
including Plaintiff, DINO BONAVITA.
28. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, hired, engaged and/or otherwise took
responsibility for the actions of healthcare professionals, staff and personnel, including
but not limited to Defendant SYED MUJAHID SAYEED, M.D.
29. That upon information and belief, at all times herein mentioned,
Defendant, NORTHWELL HEALTH, is vicariously liable for the actions and/or
omissions of the Defendant, SYED MUJAHID SAYEED, M.D.
30. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., held himself out as duly qualified to
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render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing
and/or consultation in accordance with good and accepted standards of practice in the
community to the members of the general public, including Plaintiff, DINO BONAVITA.
31. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., held himself out as a provider offering
professional health care services to the members of the general public, including Plaintiff,
DINO BONAVITA.
32. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., through itsagents, servants, employees
and/or other medical personnel or other individuals acting under his agency, supervision
and control, held himself out as duly qualified to render proper medical evaluation,
assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance
with good and accepted standards of practice in the community to the members of the
general public, including Plaintiff, DINO BONAVITA.
33. That upon information and belief, at all times herein mentioned,
Defendant, SYED MUJAHID SAYEED, M.D., hired, engaged and/or otherwise took
responsibility for the actions of healthcare professionals, staff and personnel, and had a
duty to manage, control and otherwise supervise their work during the care, treatment and
services of persons such as Plaintiff, DINO BONAVITA.
34. That upon information and belief, at all times herein mentioned,
Defendants, PRECISION SURGERY OF NEW YORK, P.C. and SYED MUJAHID
SAYEED, M.D. individually and by and through their agents, servants and/or employeès
agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis,
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care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO
BONAVITA, beginning on or about July 21, 2017 through October 31, 2017.
35. That upon information and belief, at all times herein mentioned,
Defendants, PRECISION SURGERY OF NEW YORK, P.C. and SYED MUIAHID
SAYEED, M.D. individually and by and through their principals, members, shareholders
and/or owners agreed to, undertook to and did render certain medical evaluation,
assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation
to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October
31, 2017.
36. That upon information and belief, at all times herein mentioned,
Defendants, NORTH SHORE UNIVERSITY HOSPITAL and SYED MUJAHID
SAYEED, M.D. individually and by and through their agents, servants and/or employees
agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis,
care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO
BONAVITA, beginning on or about July 21, 2017 through October 31, 2017.
37. That upon information and belief, at all times herein mentioned,
Defendants, NORTH SHORE UNIVERSITY HOSPITAL and SYED MUJAHID
SAYEED, M.D. individually and by and through their principals, members, shareholders
and/or owners agreed to, undertook to and did render certain medical evaluation,
assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation
to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October
31, 2017.
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38. That upon information and belief, at all times herein mentioned,
Defendants, NORTHWELL HEALTH and SYED MUJAHID SAYEED, M.D.
individually and by and through their agents, servants and/or employees agreed to,
undertook to and did render certain medical evaluation, assessment, diagnosis, care,
treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO
BONAVITA, beginning on or about July 21, 2017 through October 31, 2017.
39. That upon information and belief, at all times herein mentioned,
Defendants, NORTHWELL HEALTH and SYED MUJAHID SAYEED, M.D.
individually and by and through their principals, members, shareholders and/or owners
agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis,
care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO
BONAVITA, beginning on or about July 21, 2017 through October 31, 2017.
AS AND FOR A FIRST CAUSE OF ACTION
40. Plaintiffs repeat, reiterate and re-allege each and every allegation
contained in those paragraphs 1 through 39 of the complaint set forth with the same force
and effect as if fully set forth herein at length.
41. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times herein mentioned, Plaintiff, DINO BONAVITA, was
under the continuous medical evaluation, assessment, diagnosis, care, treatment, testing,
surgical services, and/or consultation of Defendant, SYED MUJAHID SAYEED, M.D.,
individually or through his agents, servants and/or employees.
42. During said time, the relationship of physician and patient existed between
Plaintiff, DINO BONAVITA and Defendants, SYED MUJAHID SAYEED, M.D.,
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PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY
HOSPITAL, and NORTHWELL HEALTH, individually and through their agents,
servants, medical or other personnel, and such relationship was one of trust and
confidence o the part of Plaintiff to Defendants.
43. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
SAYEED, M.D, individually and ,through his agents, servants and/or employees, had a
duty to use reasonable care and to meet good and accepted standards of practice in the
care, treatment, and surgical services of Plaintiff, DINO BONAVITA, from July 21, 2017
through October 31, 2017m including timely medical evaluation, assessment, diagnosis,
care, treatment, testing, surgical services, and/or consultation related to the Plaintiff,
DINO BONAVITA'S right hand.
44. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
SAYEED, M.D, individually and through his agents, servants and/or employees,
performed medical evaluation, assessment, testing, and surgery on Plaintiff's right hand.
45. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
SAYEED, M.D, individually and through his agents, servants and/or employees, obtained
the results of and interpreted the medical evaluations, assessments and/or radiology
testing of Plaintiff.
46. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
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SAYEED, M.D, individually and through his agents, servants and/or employees, knew or
in the exercise of proper professional medical judgment, should have known that the July
21, 2017 surgery was not performed in a manner consistent with the standard of care.
47. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
SAYEED, M.D, individually and through his agents, servants and/or employees, knew or
in the exercise of proper professional medical judgment, should have known that the right
hand surgery perfonned on July 21, 2017 was ineffective, inefficient, and improperly
performed.
48. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID
SAYEED, M.D, individually and through his agents, servants and/or employees, failed to
appreciate Plaintiff, DINO BONAVITA's continued complains of pain following the July
21, 2017 surgery.
49. That from the period of time beginning on or about July 21, 2017 through
October 31, 2017, and at all times mentioned herein, Defendants SYED MUJAHID
SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, individually and through his
agents, servants and/or employees who rendered medical care to Plaintiff, on behalf of
Defendants, and under their supervision and control, were negligent, careless, failed to
use reasonable care and deviated from the good and accepted standards of medical
practice in their care, treatment, testing and surgical services of Plaintiff, DINO
BONAVITA, including the failure to timely, properly, and appropriately perform
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assessments, diagnosis, care, treatment, testing, and surgical services of the Plaintiff's left
hand before, during, and after surgery occurring on July 21, 2017, constituting medical
malpractice.
50. The Defendants, SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and
NORTHWELL HEALTH, individually and through his agents, servants and/or
employees who rendered medical care to Plaintiff, DINO BONAVITA, on behalf of
Defendants, and under their supervision and control, were negligent, careless, failed to
use reasonable care and deviated from the good and accepted standards of medical
practice in their care, in .failing to timely, properly, and appropriate treat Plaintiff's
medical condition, including injury right hand, in not properly removing all the foreign
glass body, in causing and allowing Plaintiff's medical condition to worsen, in causing
and allowing Plaintiff to sustain severe and permanent injury to several digits, especially
the right ring finger, of the right hand, in causing Plaintiff to sustain weakness and loss of
full function in the ring and index fingers, in failing to perform surgery in an adequate
and professional manner, in failing to interpret pre and post operation radiology films, in
failing to heed or appreciate the significance of the Plaintiff's medical condition.
51. As a result of the Defenants, SYED MUJAHID SAYEED, M.D.,
PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY
HOSPITAL, and NORTHWELL HEALTH, failure to render reasonable care and to meet
good and accepted standards of practice in their care, treatment and services of Plaintiff
beginning July 21, 2017 through October 31, 2017, including timely evaluation,
assessment, diagnosis, care, treatment, testing and performance of surgical services,
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Plaintiff sustained severe deformity and permanent serious personally injuries, severe and
permanent mental anguish, conscious pain and suffering, loss of enjoyment of life and
economic loss, including past and future lost earnings and medical expenses.
"A"
52. That filed herewith and attached hereto as Exhibit is a Certificate of
Merit stating that counsel for the plaintiff has consulted with a licensed physician who
concurs that there is a reasonable basis for commencement of this action.
53. This action falls within one or more of the exceptions set forth in C.P.L.R.
1602.
54. The amount of damages sought exceeds the jurisdictional limits of the
lower conrt that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
55. Plaintiffs repeat, reiterate and re-allege each and every allegation
contained in those paragraphs 1 through 54 of the complaint set forth with the same force
and effect as if fully set forth herein at length.
56. That Defendants SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and
NORTHWELL HEALTH, failed to inform Plaintiff, DINO BONAVITA, of the risks,
hazards and alternatives connected with care, treatment and/or services rendered so that
informed consent could be given.
57. That reasonably prudent persons in the position of the Plaintiff, DINO
BONAVITA, would not have undergone the care, treatment, and/or surgical services
rendered ifhe had been fully informed of the risks, hazards, and alternatives related to
said treatment and/or surgical services.
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58. That the failure to timely, adequately, and fully inform Plaintiff, DINO
BONAVITA, of the risks, hazards and alternatives of the care, treatment, and/or surgical
services rendered is a proximate cause of the injuries sustained herein.
59. That as a consequence of the foregoing, there was no in
Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 EXHIBIT A FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF FILE9: DOC. NO. COU NASSAU 85 TY CLERK 8 /È4 /ÈÓ18 01:01 PM) RECEIVED INDEX NO. NYSCEF: 08/29/2022 611506/2019 NYSCÈF Doc No. 1 RECEIVED NYSCEÉ: 0.8/24/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date Filed: ...----------------....------__---- --Ç DIND BONAVITA SUMMONS Plaintiff, Plaintiff designates Nassau County as the place of trial -against- The basis ofthe venue is: SYED WMD SAYEED, M.D., PREQSIO Dëfendant's Practice SÚRGEINOF NE‚ YORKMC1 NORT14 SHORE pefendant's practice is UNIVERÈ,xY HÒSPITAL and NORTHWEli HE LTH, located at l39 Flandoine Rd, anasset, NY 11030 Defendants, TO THE ABOVE NAMED DEFENDANTS: YOU ARE11EREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or if the complaint isnot served wiÂh this surnrnons, to serve apotice úf appearapnet, on the Plaintiffs Attornew(s) withitrtwenty (2.0) days after the service of thisjunimens, exclusive ofthe day of servicé, where service is inade by delivery upon you personaUy within the state or within thirty (30) days after the completion of service where service is made in any other manner. In case of your faihtre to appear or answer, judginent will be taken against you by default for the relief demanded in the coniplaint. Dated: New York, NY August 24 2018 CAITLIN R & AssoCIATES, PLLC Caitlin Robin Attorneys for Plaintiffs DINOÈONAVITA 30 Broad Stre¢t, Suite 702 New York, New York 10004 Phone: (646.) 554-6026 Fax: (929) 210-7549 1 of 21 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 DEFENDANT'S ADDRESS: SYED MUJAHID SAYEED, M.D. 139 Plandome Road Manhasset, NY 11030 PRECISION SURGERY OF NEW YORK, P.C. 9 landomehad Manhasset, NY 11030 NORTH SHORE UNIVERSITY HOSPITAL 300 Community Dr Manhasset, NY 11030 NORTHWELL HEALTH 2000 Marcus Avenue New Hyde Park, NY 11042 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______________________..________---______x DINO BONAVITA, Plaintiff, -against- VERIFIED COMPLAINT Index No,: SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. -________________________________Ç Plaintiffs, by their attorneys, CAITLIN ROBIN & ASSOCIATES, PLLC, as and for their Verified Complaint, alleges upon infonnation and belief as follows: 1. At all times hereinafter mentioned, Plaintiff, DINO BONAVITA, was and is a resident of 17 Sinclair Martin Drive, Roslyn, NY 11576. 2. That upon infonnation and belief, at all times herein mentioned, Defendant, SYED MUJAHD SAYEED, M.D., was and stillis a duly licensed physician in the State of New York engaged in the practice of his profession in the County of Nassau, State of New York, with a principal place of business located at139 Plandome Road, Manhasset, NY 11030. 3. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as an agent, servant and/or employee of PRECISION SURGERY OF NEW YORK, P.C. to render medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery and/or consultation to DINO BONAVITA. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 4. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal, member, shareholderand/orowner of the Defendant PRECISIONSURGERY OF NEW YORK, P.C., to render medical evaluation, assessment, diagnosis, care, treatment, services,testing,surgery and/or consultation to DINO BONAVITA. 5. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as an agent, servant and/or employee of Defendant NORTH SHORE UNIVERSITY HOSPITAL to reilder medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery and/orconsultationtoDINO BONAVITA. 6. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal, member, shareholder and/or owner of the Defendant NORTH SHORE UNIVERSITY HOSPITAL, to render medical evaluation, assessment, diagnosis, care, treatment, services,testing, surgery and/or consultation to DINO BONAVITA. 7. That upon information and belief, at all times herein mentioned, Defendant, SYEDMUJAHID SAYEED, M.D., acted upon tite scope as an agent, servant and/or employee of Defendant NORTHWELL HEALTH to render medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery and/or consultation to DINO BONAVITA. 8. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., acted upon the scope as a principal, member,shareholderand/or owner of the Defendant NORTHWELL HEALTH,torender FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 medical evaluation, assessment, diagnosis, care, treatment, services, testing, surgery . and/or consultation to DINO BONAVITA. 9. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., was and stiÌl is a domestic professional corporation duly organized and existing under and by the laws of the State of New York with itsprinciple place of business located at 139 Plandome Road, Manhasset, NY 11030. 10. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., was and stillis a foreign limited liability company existing under and by the laws of the State of New York with itsprinciple place of business located at 139 Plandome Road, Manhasset, NY 11030. 11. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., through its agents, servants, employees and/or other medical personnel or other individuals acting under its agency, supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as a provider offering professional health care services to the members of the general public, including Plaintiff, DINO BONAVITA. 12. That upon information and belie¶ at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., through its agents, servants, employees and/or other medical personnel or other individuals acting under its agency, supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as duly qualified to render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance with good and FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 accepted standards of practice in the community to the members of the general public, including Plaintiff, DINO BONAVITA. 13. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., owned, operated, maintained, supervised, managed, and controlled certain medical facilities known as PRECISION SURGERY OF NEW YORK, P.C., where it employed such agents, servants and/or employees for the purpose of rending diagnosis, care, treattnent, surgical services and advice to members of the general public, including Plaintiff, DINO BONAVITA. 14. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OP NEW YORK, P.C., hired, engaged and/or otherwise took responsibility for the actions of healthcare professionals, staff and personnel,including but not limited to Defendant SYED MUJAHID SAYEED, M.D. 15. That upon information and belief, at all times herein mentioned, Defendant, PRECISION SURGERY OF NEW YORK, P.C., is vicariously liableforthe actionsand/or omissions of the Defendant, SYED MUJAHD SAYEED,M.D. 16. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was and still is a domestic professional corporation duly organized and existing under and bythelawsofthe State of New York with its principle place of business located at 300 Community Drive, Manhasset,NY11030. 17. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was and still is a foreign FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 limited liability company existing under and by the laws of the State of New York with itsprinciple place of business located at 300 Community Drive, Manhasset, NY 11030. 18. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, through its agents, servants, employees and/or other medical personnel or other individuals acting under itsagency, supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as a provider offering professional health care services to the members of the general public, including Plaintiff, DINO BONAVITA. 19. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, through its agents, servants, employees and/or other medical personnel or other individuals acting under its agency, supervision and control, including Defendant S.YED MUJAHID SAYEED, M.D., held itself out as duly qualified to render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance with good and accepted standards of practice in the community to the members of the general public, including Plaintiff, DINO BONAVITA. 20. That upon information and belief, at all times herein mentioned, Defendant, EORTH SHORE UNIVERSITY HOSPITAL, owned, operated, maintained, supervised, managed, and controlled certain medical facilities known as NORTH SHORE UNIVERSITY HOSPITAL, where it employed such agents, servants and/or employees for the purpose of rending diagnosis, care, treatment, surgical services and advice to members of the general public, including Plaintiff, DINO BONAVITA. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 21. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, hired, engaged and/or otherwise took responsibility for the actions of healthcare professionals, staff and personnel, including but not limited to Defendant SYED MUJAHID SAYEED, M.D. 22. That upon information and belief, at all times herein mentioned, Defendant, NORTH SHORE UNIVERSITY HOSPITAL, is vicariously liable for the actions and/or omissions of the Defendant, SYED MUJAHID SAYEED, M.D. 23. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, was and still is a domestic professional corporation duly organized and existing under and by the laws of the State of New York with its principle place of business located at 2000 Marcus Avenue, New Hyde Park, NY 11042. 24. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, was and still is a foreign limited liability company existing under and by the laws of the State of New York with its principle place of business located at 2000 Marcus Avenue, New Hyde Park, NY 11042. 25. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, through its agents, servants, employees and/or other medical personnel or other individuals acting under its agency, supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as a provider offering professional health care services to the members of the general public, including Plaintiff, DINO BONAVITA. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 26. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, through its agents, servants, employees and/or other medical personnel or other individuals acting under its agency, supervision and control, including Defendant SYED MUJAHID SAYEED, M.D., held itself out as duly qualified to render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance with good and accepted standards of practice in the community to the members of the general public, including Plaintiff, DINO BONAVITA. 27. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, owned, operated, maintained, supervised, managed, and controlled certain medical facilities known as NORTHWELL HEALTH, where it employed such agents, servants and/or employees for the purpose of rending diagnosis, care, treatment, surgical services and advice to members of the general public, including Plaintiff, DINO BONAVITA. 28. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, hired, engaged and/or otherwise took responsibility for the actions of healthcare professionals, staff and personnel, including but not limited to Defendant SYED MUJAHID SAYEED, M.D. 29. That upon information and belief, at all times herein mentioned, Defendant, NORTHWELL HEALTH, is vicariously liable for the actions and/or omissions of the Defendant, SYED MUJAHID SAYEED, M.D. 30. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., held himself out as duly qualified to FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance with good and accepted standards of practice in the community to the members of the general public, including Plaintiff, DINO BONAVITA. 31. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., held himself out as a provider offering professional health care services to the members of the general public, including Plaintiff, DINO BONAVITA. 32. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., through itsagents, servants, employees and/or other medical personnel or other individuals acting under his agency, supervision and control, held himself out as duly qualified to render proper medical evaluation, assessment, diagnosis, care, treatment, services, testing and/or consultation in accordance with good and accepted standards of practice in the community to the members of the general public, including Plaintiff, DINO BONAVITA. 33. That upon information and belief, at all times herein mentioned, Defendant, SYED MUJAHID SAYEED, M.D., hired, engaged and/or otherwise took responsibility for the actions of healthcare professionals, staff and personnel, and had a duty to manage, control and otherwise supervise their work during the care, treatment and services of persons such as Plaintiff, DINO BONAVITA. 34. That upon information and belief, at all times herein mentioned, Defendants, PRECISION SURGERY OF NEW YORK, P.C. and SYED MUJAHID SAYEED, M.D. individually and by and through their agents, servants and/or employeès agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. 35. That upon information and belief, at all times herein mentioned, Defendants, PRECISION SURGERY OF NEW YORK, P.C. and SYED MUIAHID SAYEED, M.D. individually and by and through their principals, members, shareholders and/or owners agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. 36. That upon information and belief, at all times herein mentioned, Defendants, NORTH SHORE UNIVERSITY HOSPITAL and SYED MUJAHID SAYEED, M.D. individually and by and through their agents, servants and/or employees agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. 37. That upon information and belief, at all times herein mentioned, Defendants, NORTH SHORE UNIVERSITY HOSPITAL and SYED MUJAHID SAYEED, M.D. individually and by and through their principals, members, shareholders and/or owners agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 38. That upon information and belief, at all times herein mentioned, Defendants, NORTHWELL HEALTH and SYED MUJAHID SAYEED, M.D. individually and by and through their agents, servants and/or employees agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. 39. That upon information and belief, at all times herein mentioned, Defendants, NORTHWELL HEALTH and SYED MUJAHID SAYEED, M.D. individually and by and through their principals, members, shareholders and/or owners agreed to, undertook to and did render certain medical evaluation, assessment, diagnosis, care, treatment, testing, and surgical services, and/or consultation to Plaintiff, DINO BONAVITA, beginning on or about July 21, 2017 through October 31, 2017. AS AND FOR A FIRST CAUSE OF ACTION 40. Plaintiffs repeat, reiterate and re-allege each and every allegation contained in those paragraphs 1 through 39 of the complaint set forth with the same force and effect as if fully set forth herein at length. 41. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times herein mentioned, Plaintiff, DINO BONAVITA, was under the continuous medical evaluation, assessment, diagnosis, care, treatment, testing, surgical services, and/or consultation of Defendant, SYED MUJAHID SAYEED, M.D., individually or through his agents, servants and/or employees. 42. During said time, the relationship of physician and patient existed between Plaintiff, DINO BONAVITA and Defendants, SYED MUJAHID SAYEED, M.D., FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, individually and through their agents, servants, medical or other personnel, and such relationship was one of trust and confidence o the part of Plaintiff to Defendants. 43. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID SAYEED, M.D, individually and ,through his agents, servants and/or employees, had a duty to use reasonable care and to meet good and accepted standards of practice in the care, treatment, and surgical services of Plaintiff, DINO BONAVITA, from July 21, 2017 through October 31, 2017m including timely medical evaluation, assessment, diagnosis, care, treatment, testing, surgical services, and/or consultation related to the Plaintiff, DINO BONAVITA'S right hand. 44. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID SAYEED, M.D, individually and through his agents, servants and/or employees, performed medical evaluation, assessment, testing, and surgery on Plaintiff's right hand. 45. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID SAYEED, M.D, individually and through his agents, servants and/or employees, obtained the results of and interpreted the medical evaluations, assessments and/or radiology testing of Plaintiff. 46. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 SAYEED, M.D, individually and through his agents, servants and/or employees, knew or in the exercise of proper professional medical judgment, should have known that the July 21, 2017 surgery was not performed in a manner consistent with the standard of care. 47. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID SAYEED, M.D, individually and through his agents, servants and/or employees, knew or in the exercise of proper professional medical judgment, should have known that the right hand surgery perfonned on July 21, 2017 was ineffective, inefficient, and improperly performed. 48. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendant SYED MUJAHID SAYEED, M.D, individually and through his agents, servants and/or employees, failed to appreciate Plaintiff, DINO BONAVITA's continued complains of pain following the July 21, 2017 surgery. 49. That from the period of time beginning on or about July 21, 2017 through October 31, 2017, and at all times mentioned herein, Defendants SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, individually and through his agents, servants and/or employees who rendered medical care to Plaintiff, on behalf of Defendants, and under their supervision and control, were negligent, careless, failed to use reasonable care and deviated from the good and accepted standards of medical practice in their care, treatment, testing and surgical services of Plaintiff, DINO BONAVITA, including the failure to timely, properly, and appropriately perform FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 assessments, diagnosis, care, treatment, testing, and surgical services of the Plaintiff's left hand before, during, and after surgery occurring on July 21, 2017, constituting medical malpractice. 50. The Defendants, SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, individually and through his agents, servants and/or employees who rendered medical care to Plaintiff, DINO BONAVITA, on behalf of Defendants, and under their supervision and control, were negligent, careless, failed to use reasonable care and deviated from the good and accepted standards of medical practice in their care, in .failing to timely, properly, and appropriate treat Plaintiff's medical condition, including injury right hand, in not properly removing all the foreign glass body, in causing and allowing Plaintiff's medical condition to worsen, in causing and allowing Plaintiff to sustain severe and permanent injury to several digits, especially the right ring finger, of the right hand, in causing Plaintiff to sustain weakness and loss of full function in the ring and index fingers, in failing to perform surgery in an adequate and professional manner, in failing to interpret pre and post operation radiology films, in failing to heed or appreciate the significance of the Plaintiff's medical condition. 51. As a result of the Defenants, SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, failure to render reasonable care and to meet good and accepted standards of practice in their care, treatment and services of Plaintiff beginning July 21, 2017 through October 31, 2017, including timely evaluation, assessment, diagnosis, care, treatment, testing and performance of surgical services, FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 Plaintiff sustained severe deformity and permanent serious personally injuries, severe and permanent mental anguish, conscious pain and suffering, loss of enjoyment of life and economic loss, including past and future lost earnings and medical expenses. "A" 52. That filed herewith and attached hereto as Exhibit is a Certificate of Merit stating that counsel for the plaintiff has consulted with a licensed physician who concurs that there is a reasonable basis for commencement of this action. 53. This action falls within one or more of the exceptions set forth in C.P.L.R. 1602. 54. The amount of damages sought exceeds the jurisdictional limits of the lower conrt that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 55. Plaintiffs repeat, reiterate and re-allege each and every allegation contained in those paragraphs 1 through 54 of the complaint set forth with the same force and effect as if fully set forth herein at length. 56. That Defendants SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, failed to inform Plaintiff, DINO BONAVITA, of the risks, hazards and alternatives connected with care, treatment and/or services rendered so that informed consent could be given. 57. That reasonably prudent persons in the position of the Plaintiff, DINO BONAVITA, would not have undergone the care, treatment, and/or surgical services rendered ifhe had been fully informed of the risks, hazards, and alternatives related to said treatment and/or surgical services. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/29/2022 58. That the failure to timely, adequately, and fully inform Plaintiff, DINO BONAVITA, of the risks, hazards and alternatives of the care, treatment, and/or surgical services rendered is a proximate cause of the injuries sustained herein. 59. That as a consequence of the foregoing, there was no in