Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022
EXHIBIT B
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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DINO BONAVITA, Index No.: 611506/2018
Plaintiff, EXPERT AFFIRMATION:
-against- KEVIN MENNITT, MD
RADIOLOGY
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL
HEALTH, INC.,
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KEVIN MENNITT, MD, a physician duly licensed to practice medicine in the State of New
York, hereby affirms the truth of the following matter, under penalty of perjury:
1. I am a physician duly licensed to practice medicine in the State of New York. I graduated
medical school from Rutgers University in 1998. Thereafter, I completed an internship at
Albert Einstein Medical Center in Philadelphia followed by a radiology residency at Columbia-
Presbyterian Medical Center from 1999 through 2003. Thereafter, I completed an MRI
Fellowship at Columbia-Presbyterian Medical Center in 2004. I am Board Certified since 2003
by the American Board of Diagnostic Radiology.
2. I currently serve as an Assistant Professor of Radiology at Columbia University Medical
School, Columbia University Medical Center.
3. Based on my education, medical training, and professional experience, I am fully familiar with
the standards of care in Diagnostic Radiology as they existed in 2017 through the present.
Additionally, based upon my education, training, and experience, I am familiar with the injuries
and interpretation of diagnostic films similar to those performed on plaintiff. Based on my
education, training, and experience, all of the opinions set forth herein are stated within a
reasonable degree of medical certainty.
4. At the request of defense counsel, I reviewed the pertinent materials in regard to the matter
commenced by Dino Bonavita, including, in part: Bills of Particulars, Amended Bills of
Particulars, the medical record of North Shore University Hospital; radiology and diagnostic
imaging studies taken at North Shore University Hospital, and the deposition testimony given
in this case.
5. I respectfully submit this affirmation to the Court in support of the motion for summary
judgment on behalf of North Shore University Hospital. It is my opinion within a reasonable
degree of medical certainty that the July 21, 2017, x-rays interpreted by the radiologists at
North Shore University Hospital was at all times in accordance with good and accepted medical
and radiologic practice and that no act or omission by the staff of North Shore University
Hospital caused or contributed to any of the injuries asserted by the plaintiff herein.
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022
6. My opinions offered herein are submitted in support of the motion for summary judgment only.
Depending on further testimony, arguments and/or other issues that arise at trial I certainly may
have further observations and/or opinions to offer at that time.
RELEVANT FACTUAL BACKGROUND
7. Plaintiff presented to the Emergency Department of North Shore University Hospital via
ambulance on July 21, 2017, with a chief complaint of a right-hand laceration. Following
evaluation by the ED providers, x-ray of the right hand was ordered. Clinical indication was:
“Evaluate for foreign body. Hand laceration.”
8. As per the interpreting radiologist, the impression was as follows: “No radiopaque foreign body
is visualized. There is no acute fracture or dislocation of the right hand. Mild first CMC joint
arthrosis is noted.”
OPINIONS
9. It is my opinion, to a reasonable degree of medical certainty that all imaging concerning
plaintiff’s right hand performed on July 21, 2017, was performed and interpreted in accordance
with good and accepted medical and radiologic practice, and that no act or omission by the
staff or Radiology Department of North Shore University Hospital caused or contributed to
any of the injuries asserted by the plaintiff herein.
10. More specifically, I have personally reviewed the July 21, 2017 x-rays and also conclude that
there is no radiopaque foreign body visualized. Quite significantly, glass that does not contain
lead cannot be seen on plain x-ray.
11. Furthermore, the July 21, 2017, imaging was standard and typical of an x-ray that would be
performed in an ED following a patient’s recent trauma, as they are often unable to fully open
their hand and bend their fingers. It is not the standard of care to perform dedicated images of
each finger for a patient with this type of presentation in an ED setting.
12. Moreover, it is not the standard of care for a radiologist to recommend further imaging in this
instance, as this determination is decided by the consulting plastic surgeon and/or hand
surgeon.
CONCLUSION
13. In sum, itis my opinion within a reasonable degree of medical certainty that the care and
treatment rendered by radiologists and staff at North Shore University Hospital was at all times
in accordance with good and accepted medical and radiologic practice and that no act or
omission by North Shore University Hospital caused or contributed to any of the injuries
asserted by the plaintiff herein.
Dated: October 11, 2022
Kevin Mennitt, MD
Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022 EXHIBIT B FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------x DINO BONAVITA, Index No.: 611506/2018 Plaintiff, EXPERT AFFIRMATION: -against- KEVIN MENNITT, MD RADIOLOGY SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, INC., ------------------------------------------------------------------------x KEVIN MENNITT, MD, a physician duly licensed to practice medicine in the State of New York, hereby affirms the truth of the following matter, under penalty of perjury: 1. I am a physician duly licensed to practice medicine in the State of New York. I graduated medical school from Rutgers University in 1998. Thereafter, I completed an internship at Albert Einstein Medical Center in Philadelphia followed by a radiology residency at Columbia- Presbyterian Medical Center from 1999 through 2003. Thereafter, I completed an MRI Fellowship at Columbia-Presbyterian Medical Center in 2004. I am Board Certified since 2003 by the American Board of Diagnostic Radiology. 2. I currently serve as an Assistant Professor of Radiology at Columbia University Medical School, Columbia University Medical Center. 3. Based on my education, medical training, and professional experience, I am fully familiar with the standards of care in Diagnostic Radiology as they existed in 2017 through the present. Additionally, based upon my education, training, and experience, I am familiar with the injuries and interpretation of diagnostic films similar to those performed on plaintiff. Based on my education, training, and experience, all of the opinions set forth herein are stated within a reasonable degree of medical certainty. 4. At the request of defense counsel, I reviewed the pertinent materials in regard to the matter commenced by Dino Bonavita, including, in part: Bills of Particulars, Amended Bills of Particulars, the medical record of North Shore University Hospital; radiology and diagnostic imaging studies taken at North Shore University Hospital, and the deposition testimony given in this case. 5. I respectfully submit this affirmation to the Court in support of the motion for summary judgment on behalf of North Shore University Hospital. It is my opinion within a reasonable degree of medical certainty that the July 21, 2017, x-rays interpreted by the radiologists at North Shore University Hospital was at all times in accordance with good and accepted medical and radiologic practice and that no act or omission by the staff of North Shore University Hospital caused or contributed to any of the injuries asserted by the plaintiff herein. FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/12/2022 6. My opinions offered herein are submitted in support of the motion for summary judgment only. Depending on further testimony, arguments and/or other issues that arise at trial I certainly may have further observations and/or opinions to offer at that time. RELEVANT FACTUAL BACKGROUND 7. Plaintiff presented to the Emergency Department of North Shore University Hospital via ambulance on July 21, 2017, with a chief complaint of a right-hand laceration. Following evaluation by the ED providers, x-ray of the right hand was ordered. Clinical indication was: “Evaluate for foreign body. Hand laceration.” 8. As per the interpreting radiologist, the impression was as follows: “No radiopaque foreign body is visualized. There is no acute fracture or dislocation of the right hand. Mild first CMC joint arthrosis is noted.” OPINIONS 9. It is my opinion, to a reasonable degree of medical certainty that all imaging concerning plaintiff’s right hand performed on July 21, 2017, was performed and interpreted in accordance with good and accepted medical and radiologic practice, and that no act or omission by the staff or Radiology Department of North Shore University Hospital caused or contributed to any of the injuries asserted by the plaintiff herein. 10. More specifically, I have personally reviewed the July 21, 2017 x-rays and also conclude that there is no radiopaque foreign body visualized. Quite significantly, glass that does not contain lead cannot be seen on plain x-ray. 11. Furthermore, the July 21, 2017, imaging was standard and typical of an x-ray that would be performed in an ED following a patient’s recent trauma, as they are often unable to fully open their hand and bend their fingers. It is not the standard of care to perform dedicated images of each finger for a patient with this type of presentation in an ED setting. 12. Moreover, it is not the standard of care for a radiologist to recommend further imaging in this instance, as this determination is decided by the consulting plastic surgeon and/or hand surgeon. CONCLUSION 13. In sum, itis my opinion within a reasonable degree of medical certainty that the care and treatment rendered by radiologists and staff at North Shore University Hospital was at all times in accordance with good and accepted medical and radiologic practice and that no act or omission by North Shore University Hospital caused or contributed to any of the injuries asserted by the plaintiff herein. Dated: October 11, 2022 Kevin Mennitt, MD