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FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS
THERESA ROBINSON and DEREK ROBiNSON,
QUEENS
County as the place of trial
- against - The basis of venue is
Address of the Plaintg
SUMMONS
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C.,
DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Plaiñ.9 reside at:
98*
319 Beach Street, Apt. 6F
Rockaway Park, NY 11694
Defendants.
To the above named Defendant(s):
You are summoned to answer the camp!±a in thisacdon and to serve a copy of your
hereby
answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiffs'
Attorney(s) within twenty days after the service of this enssñoss, exclusive of the of
day
service (or within 30 days after the service is complete ifthis summons is not personally delivered to you
within the State of New York); and in case of your failure to appear or answer, judgment will be taken
against you by default for the reliefdemanded in the complaint.
Dated: New York, New York
November 20, 2018
pefendants'
Addresses;
NORTHWELL HEALTH, INC. LONG ISLAND JEWISH MEDICAL CENTER
768'
C/O Office of Legal Affairs 270-05 Avenue
2000 Marcus Avenue New Hyde Park, New York 11040
New Hyde Park, New York 11042
DEEPAK NANDA, M.D., P.C. DEEPAK NANDA, M.D.
DEEPAK NANDA, M.D. EMMANUEL M. PAFOS, M.D.
98''
EMMANUEL M. PAFOS, M.D. 61-55 Street, Suite 1K
55 Maple Avenue, Suite 102 Rego Park, New York 11374
Rockville Centre, New York 11570
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Marisa LLAxelrad, Esq.
MUNAWAR & ANDREWS-SANTILLO, LLP
420 Lexington Avenue
Suite 2601
New York, New York 10170
(212) 400-4000
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14. On information and belief, from on or about April 13, 2016 through on or about
May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an employee of defêñéñt LONO
ISLAND EWISH MEDICAL CENTER.
15. On information and belief, from on or about April 13, 2016 through on or about
May 23, 2016, defendant DEEPAK NANDA, M.D., was an independent contractor working for
defendant, LONO ISLAND EWISH MEDICAL CENTER.
16. On information and belief, from on or about April 13, 2016 through on or about
May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an independent contractor
working for defendant, LONG ISLAND EWISH MEDICAL CENTER.
17. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant DEEPAK NANDA, M.D., had hospital privileges at the defanda=.t LONG
ISLAND EWISH MEDICAL CENTER's hospital.
18. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant EMMANUEL M. PAFOS, M.D., had hospital privileges at the defendant
LONG ISLAND EWISH MEDICAL CENTER's hospital.
20. On information and belief, from on or before April 13, 2016 through on or about
May 23, 2016, the defendant DEEPAK NANDA, M.D., was an owner and operator of DEEPAK
NANDA, M.D., P.C.
20. On information and belief, from on or before April 13, 2016 though on or about
May 23, 2016, defendant DEEPAK NANDA, M.D., was an cmpicyee of DEEPAK NANDA,
M.D., P.C.,
21. On information and belief, from on or before April 13, 2016 through on or about
May 23, 2016, defendant DEEPAK NANDA, M.D., was an independent contractor working for
DEEPAK NANDA, M.D., P.C.,
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____.__............--.__...........________________-__ _¬.-..-----X
THERESA ROBlNSON and DEREK ROBINSON, Index No.:
COMPLAINT
Plaintiff,
- against-
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C.,
DEEPAK NANDA, M.D., and EMMANUEL M. PAF OS, M.D.,
Defendants.
_.__ ..__________________----------X
Plaintiffs, by their attorneys MUNAWAR & ANDREWS-SANTILLO LLP, complaining
of the defendants, respectfully allege the following:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff, THERESA ROBINSON, is an individual residing in the State of New
York.
2. Plaintiff,DEREK ROBINSON, is an individual residinginthe State of New York.
3. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defcadâñt, NORTHWELL HEALTH, INC., was a domestic Corporation crganized and
existing pursuant to the laws of the State of New York.
4. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant, NORTHWELL HEALTH, INC., was a demantic not-for-profit Corporation
organized and existing pursuant to the laws of the State of New York.
5. On information and belief, On or about Aprii 13, 2016 through on or about May
23, 2016, defendant NORTHWELL HEALTH INC., owned and operated a full service hospital
and medical center known as LONG ISLAND JEWISH MEDICAL CENTER.
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6. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant LONG ISLAND EWISH MEDICAL CENTER was a voluntary hospital
organized and existing pursuant to the laws of the State of New York.
7. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant, LONG ISLAND EWISH MEDICAL CENTER., was a domestic
Corporation organized and existing pursuant to the laws of the State of New York.
8. On infomtation and belief, On or about April 13, 2016 through on or about May
23, 201.6, defendant, LONG ISLAND ÆWISH MEDICAL CENTER, was a not-for-profit
Corporation organized and existing pursuant to the laws of the State of New York.
9. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant LONG ISLAND EWISH MEDICAL CENTER operated as full service
hospital and medical center.
10. On information and belief, On or about April 13, 2016 through on or about May
23, 2016, defendant LONO ISLAND ÆWISH MEDICAL CENTER operated the clinical
department known as the Katz Women's Hospital.
11. On information and belief, defendant DEEPAK NANDA, M.D., P.C., is a
domestic professional corporation duly organized and existi=.g under and by virtue of the laws of
the State of New York.
12. On information and belief, defendant DEEPAK NANDA, M.D., is an individual
licensed to practice medicine in the State of New York.
13. On information and belief, defendant, EMMANUEL M. PAFOS, M.D., is an
individual licensed to practice medicine in the State ofNew York.
14. On information and belief, from on or about April 13, 2016 through on or about
May 23, 2016, defendant, DEEPAK NANDA, M.D., was an employee of defendant LONO
ISLAND ÆWISH MEDICAL CENTER.
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22. On information and belief, from on or before April 13, 2016 through on or about
May 23, 2016, the defendant EMMANUEL M. PAFOS, M.D., was an owner and operator of
DEEPAK NANDA, M.D., P.C.
23. On infornistion and belief, from on or before April 13, 2016 though on or about
May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an employce of DEEPAK
NANDA, M.D., P.C.,
24. On information and belief, fmm on or before April 13, 2016 through on or about
May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an independent contractor working
for DEEPAK NANDA, M.D., P.C.,
25. On information and belief, from on or before April 13, 2016 through on or about
May 23, 2016, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M.
PAFOS, M.D., provided obstetrician and gynecclogical services to patients giving birth at
LONO ISLAND JEWISH MEDICAL CENTER.
26. On informenon and belief, on or about April 13, 2016, Plaintiff gave birth at Katz
Women's Hospital at LONG ISLAND JEWISH MEDICAL CENTBR.
27. On infhrmation and belief, on or about April 13, 2016 through on or about May
23, 2016, defeñdãñt hospital, LONO ISLAND JEWISH MEDICAL CENTER, was involved in a
physiciâñ-patient relationship with Plaintiff THERESA ROBINSON.
28. On information and belief, on or before April 13, 2016 through on or about May
23, 2016, DEEPAK NANDA, M.D., P.C., was involved in a physician-patient relationship with
Plaintiff THERESA ROBINSON,
29. From on or about April 13, 2016 through on or about May 23, 2016, and prior and
the defendant DEEPAK was involved in a physiciañ-
subsequently thereto, NANDA, M.D.,
patient relationship with Plaintiff THERESA ROBINSON.
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30. From on or about April 13, 2016 through on or about May 23, 2016, and prior and
subsequent thereto, defendant EMMANUEL M. PAFOS, M.D., was involved in a physician-
patient relationship with Plaintiff THERESA ROBINSON.
31. From on or about April 13, 2016 through on or about May 23, 2016, Plaintiff
THERESA ROBINSON was a patient of the defendant hospital.
32. From on or about April 13, 2016 through on or about May 23, 2016, and prior
thereto, Plaintiff was a patient of at defendant medical facility DEEPAK NANDA, M.D., P.C.
33. Prior to April 13, 2016 through on or about May 23, 2016, Plaintiff was a patient
of the defendant doctor, DEEPAK NANDA, M.D.
34. From on or about April 13, 2016, through on or about May 23, 2016, Plaintiff was
a patient of the defendant doctor, EMMANUEL M. PAFOS, M.D.
35. At all times hereinafter mentioned, the defendants agreed to and undertook to
faithfully, carefully, skillfully, competently, and in accordece with approved and accepted
standards of skill,knowledge and proficiency prevailing and ordinarily possessed by others of
defendant's profession and specialty in the cominññity, to render professional care, aid, attention,
treatment and advice in the fields of medicine, surgery, obstetrics, gynecology, matemal and
fetal medicine to those persons receiving their services, including the Plaintiff, THERESA
ROBINSON.
36. The Plaintiff, THERESA ROBINSON, relied on the acceditation of the
defendants and on the protection, safeguards, skill and competence, which the defendants agreed
and undertook to furnish and supply.
37. Defendants were careless, negligent, reckless, guilty of malpractice and departed
from generally accepted d-endards of medical care in their care and treatment of Plaintiff in that
they failed and neglected to render, furnish and supply the services, treatmera and medication in
accordance with medical and surgical standards, end-na and usages; wrongfully, improperly
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and unskillfully treated, tested, medicated, diagñ0sed, administered, cared for and observed the
patient; failed to refer for, perform and/or obtain proper obstetric consults; failed to refer for,
perform or timely obtain a proper work-up; failed to perform proper and timely and proper tests
and/Or blood work; failed to adequately take and properly assess and evaluate the patient's
medical and surgical history; failed to adequately and properly evaluate and assess the patient
defendants'
during course of treatment; failed to impiciaêñt or prescribe adequate diagnostic
defendants'
testing during treatment of the Plaintiff patient; failed to implement or prescribe
edequate medications during defendant's treatment of the patient; failed to prcperly and
adequately take diagnosties; failed to properly evaluate diagnostic test results; failed to properly
inform and advise the Plaintiff and/or her family members of the medications and/or treatments
prescribed; delayed and/or impmperly delivered the Plaintiffs child in place of her regular
ob/gyn; performed a cesarean secticñ on the Plaintiff during vaginal birth; negligently
performed a complicated surgical procedure on the Plaintiff during the birth of her child; the
defendant doctors, DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., improperly
delivered the Plaintiff s baby; improperly and wrongfully performed surgery on the Plaintiff;
lacerated the Plaintiff's bladder and ruptured the Plaintiff uterus during a cesarean section;
subjected the Plaintiff to additional surgical procedures; scarring, pain, suffering; bladder surgery
and wound closure; infection, prolonged and agonizing healing; failed to properly take into
account Plaintiff s medical and surgical history; failed to assess diagnose and treat the Plaintiffin
âccordance with her prior history; failed to apprehend the significance of a prior caesarian
section on Plaintiff and the complications therefrom; failed to assess Plaintiffs candidacy for a
c-section during a vaginal delivery; failed to timely disccver, diagacse, treat, assess the Plaintiff
for signs and symptoms relating to a uterine rupture and bladder rupture during delivery; failed
to recognize the signs and symptoms of a bladder rupture and uterine rupture relative to labor
and vaginal delivery; negligently caused the Plaintiffs uterus and cervix to rupture during
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delivery of the Plaintiff's child vaginally so as to require Plaintiff to undergo a c-section;
negligently caused the PlaintifPs bladder to rupture during labor and vaginal delivery so as to
require emergency surgery to ensure delivery of the Plaintiff's child; negligently caused mother
and baby to be subjected to lifethreatening ==ditione; such that defendants negligently caused
the patient to be subjected to further injury, additional medical treatment, surgery and
medication; failed to properly and skillfully monitor and/or follow up with the Plaintiff patient's
progress during post-operative office visits; negligently permitted life threatening medical
conditions to exist without evaluation or treatment; failed to perform necessary laboratory tests
and blood tests;failed to properly evaluate laboratory tests; failed to timely assess, diagnose and
treat the Plaintiff, THERESA ROBINSON; failed to properly and adeqüãtely medicate; failed to
timely perform, interpret diagnostic testing; failed to timely secure or prescribe proper referrals
and physical and or occupadanal and failed to take all
post-op rehabilitation, therapy therapies;
of the necessary, reasonable and prudent actions to prevent the conditions from which defendants
were aware, knew and/or should have known to cause severe injury to THERESA ROBINSON.
de'
38. The n±=ts were careless, negligent, reckless, and guilty of malpractice in its
care and treatment of THERESA ROBINSON.
39. The defendants abandoned their patient.
defand=nts'
40. As a result of wrongful, improper and unskillful treatment and
malpractice, THERESA ROBINSON suffered severe physical and emotional injuries, disability,
impairment, and injury to her vascular, neurological and muscular systems.
41. As a result of the negligence and malpractice of the defendants, THERESA
ROBINSON suffered injury, nerve damage and related injuries, severe, permanent physical and
emotional injuries, disability and impairment, injury to her neurcicgical, vascular and nrescülar
systems, pain and suffering, loss of enjoyment of life,suffered and experienced substantial pain,
mental anguish and disability, was deprived of the ability to enjoy all normal furscdoñs and
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pleasures of life,was required to receive extensive medical and rehabman care, and
therapy
treauncat, was required to obtain goods and services related to her injuries, required additional
surgery; experienced prolonged healing time and loss of ability to conceive, and otherwise suffered
serious injuries and damages.
42. By reason of the foregoing, Plaintiff has se-ir±4 general and =;ecial damages in
a sum which exceeds the jurisdictioñã1 limit of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
43. Plaintiff repeats and realleges each and every allegation set forth in each and
every paragraph hereinabove as though fully set forth herein.
44. The defendants failed to provide appropriate information, advice, and/or
alternatives to the Plaintiff, THERESA ROBINSON, and/or her family members, concerning the
subject treatment and surgical procedure recommended and/or performed by the defendant
doctor.
45. The defendants failed to properly and adequately secure the Plaintiff's informed
consent for the treatment rendered by the defendant.
46. The information and/or advice provided by the defendants to the Plaintiff and to
his family membem concerning the treaknent and medication prescribed lacked both quantitive
and qüeitstive sufficiency and deprived THERESA ROBINSON of an opportunity to make a
reasonable evaluation of the risks and benefits of the traehnent rendered and the alternatives
thereof.
47. The Plaintiff and/or her family members would not have given consent to the
treatment and surgical procedures performed or recommended ifthe defendants had provided
him with appropriate information and advised of the alternatives available.
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48. The treatment rendered and the treatment that was failed to be rendered was a
substantial factor in causing the injuries to THERESA ROBINSON.
49. By reason of the foregoing, Plaintiff sustained general and special damages in a sum
which exceeds the jurisdidional limit of alllower courts which would otherwise have jurisdidien.
AS AND FOR A THIRD CAUSE OF ACTION
50. Plaintiff repeats and realleges each and every allegation set forth in each and
every paragraph hereinabove as though fully set forth herein.
31. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, was careless,
negHgent and guilty of malpractice in credentialing itsmedical staff and in granting privileges to
them.
32. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, failed to perform
proper and adequate peer review of its medical staff;failed to have uniform criteria in place to
evaluate itsmedical staffand membership applicants.
33. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, was careless,
negligent and guilty of malpractice in the selection of its medical staffas members of itsHospital
staff.
34. Defendants were careless, negligent and guilty of malpractice in its
allowing
medical staff to render medical treatment within its facilities, including LONG ISLAND
JEWISH MEDICAL CENTER, while itknew or should have known that such medical staffwas
not qualified to render adequate, proper and timely medical services and treatment.
35. Defendant was careless, negligent and guilty of malpractice in failing to
investigate the abilities and qualities of itsmedical staff's capabilities when it knew or should
have known that such medical staff was not qualified to assess, disgacse, treat and/or perform
diagnostic and surgical procedures.
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36. Defendants failed to properly and adequately practar and monitor its medical
staff,including the Co-defendants herein.
defendants'
37. The negligent credentialing procedures and practices as described
herein were a substantial factor in causing injuries and damages to Plaintiff.
38. reason of the foregoing, Plaintiffs sustained general and special damages in a
By
sum which exceeds the jurisdicticnal limit of alllower courts which would otherwise have
jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION
39. Plaintiffs repeats and realleges each and every allegation set forth in each and
every paragraph hereinabove as though fully set forth herein.
40. On or before April 13, 2016, Plaintiffs THERESA ROBINSON and DEREK
ROBINSON were husband and wife;
41. On or before April 13, 2016, Plaintiff THERESA ROB1NSON was fully capable
parties'
of perfhrmir.g all the duties and services of a wife and did perform as such within the
dwelling.
42. From on or about April 13, 2016, Plaintiff THERESA ROBINSON has been
unable to perform her duties as a wife to Plaintiff DEREK ROBINSON.
defendants'
43. Solely as a result of the negligence, the Plaintiff DEREK
ROBINSON has been permanently deprived of his wife, Plaintiff THERESA ROBINSON's
happiness, comfort, society and companionship.
44. On or before April 13, 2016, Plaintiff THERESA ROBINSON was fully capable
of performing her duties as a mother and co-parent to her children with husband plaintiff
DEREK ROB1NSON.
45. From on or about April 13 2016, Plaintiff DEREK ROBINSON has been
permanently deprived of the services his wife provided as a mother to their children.
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46. By reason of the foregoing, Plaintiffs sustaiñéd general and special damages in a
sum which exceeds the jurisdictional limit of all tower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintiff demands jud.gmet against the defendants on each cause of action
in a sum which exceeds the jurisdicticñal limit of alllower courts which would otherwise have
jurisdictics, tõgether with interest, costs, and disbursements of this action, and such other, further
and different relief as to the Court seems just and proper.
Dated: New York, New York
November 20, 2018
A & ANDREWS-SANTILLO LLP
By Marisa L. Axelrad, Esq.
Attorneys for Plaintiff
420 Lexington Avenue
Suite 2601
New York, New York 10170
212-400-4000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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THERESA ROB1NSON and DEREK ROBlNSON, CERTIFICATE OF MERIT
MEDICAL OR DENTAL
MALPRACTICE ACTION
Plaintiffs,
Index No.:
- against -
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL
Preview
FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 FILED: NYSCEF DOC.QUEENS NO. 60 COUNTY CLERK 11/ 22/2018 12 : $d M INDEX RECEIVED NO. NYSCEF: 717964/2018 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS THERESA ROBINSON and DEREK ROBiNSON, QUEENS County as the place of trial - against - The basis of venue is Address of the Plaintg SUMMONS NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Plaiñ.9 reside at: 98* 319 Beach Street, Apt. 6F Rockaway Park, NY 11694 Defendants. To the above named Defendant(s): You are summoned to answer the camp!±a in thisacdon and to serve a copy of your hereby answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs' Attorney(s) within twenty days after the service of this enssñoss, exclusive of the of day service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. Dated: New York, New York November 20, 2018 pefendants' Addresses; NORTHWELL HEALTH, INC. LONG ISLAND JEWISH MEDICAL CENTER 768' C/O Office of Legal Affairs 270-05 Avenue 2000 Marcus Avenue New Hyde Park, New York 11040 New Hyde Park, New York 11042 DEEPAK NANDA, M.D., P.C. DEEPAK NANDA, M.D. DEEPAK NANDA, M.D. EMMANUEL M. PAFOS, M.D. 98'' EMMANUEL M. PAFOS, M.D. 61-55 Street, Suite 1K 55 Maple Avenue, Suite 102 Rego Park, New York 11374 Rockville Centre, New York 11570 1 1 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 INDEX NO. 717964/2010 \fZLdb: NYSCEF QUEENS DOC. NO.COUNTY 60 CLERK 11/22/2018 12:36 JG4 RECEIVED NYSCEF: 01/08/2020 li TSCEF DOC. NO.1 RECEIVED NYSCEF: 11/22/2010 Marisa LLAxelrad, Esq. MUNAWAR & ANDREWS-SANTILLO, LLP 420 Lexington Avenue Suite 2601 New York, New York 10170 (212) 400-4000 2 2 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 DOC.QUEENS COUNTY CLERK 12 INDEX NO. 717964/2018 NYSCEF NO. 60 11/22/2018 :36 204 RECEIVED NYSCEF: 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 14. On information and belief, from on or about April 13, 2016 through on or about May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an employee of defêñéñt LONO ISLAND EWISH MEDICAL CENTER. 15. On information and belief, from on or about April 13, 2016 through on or about May 23, 2016, defendant DEEPAK NANDA, M.D., was an independent contractor working for defendant, LONO ISLAND EWISH MEDICAL CENTER. 16. On information and belief, from on or about April 13, 2016 through on or about May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an independent contractor working for defendant, LONG ISLAND EWISH MEDICAL CENTER. 17. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant DEEPAK NANDA, M.D., had hospital privileges at the defanda=.t LONG ISLAND EWISH MEDICAL CENTER's hospital. 18. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., had hospital privileges at the defendant LONG ISLAND EWISH MEDICAL CENTER's hospital. 20. On information and belief, from on or before April 13, 2016 through on or about May 23, 2016, the defendant DEEPAK NANDA, M.D., was an owner and operator of DEEPAK NANDA, M.D., P.C. 20. On information and belief, from on or before April 13, 2016 though on or about May 23, 2016, defendant DEEPAK NANDA, M.D., was an cmpicyee of DEEPAK NANDA, M.D., P.C., 21. On information and belief, from on or before April 13, 2016 through on or about May 23, 2016, defendant DEEPAK NANDA, M.D., was an independent contractor working for DEEPAK NANDA, M.D., P.C., 3 5 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 60 INDEX RECEIVED NO. NYSCEF:717964/2018 01/08/2020 [FILED : QUEENS COUNTY CLERK 11/22 / 2018 12 : 36 AW NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____.__............--.__...........________________-__ _¬.-..-----X THERESA ROBlNSON and DEREK ROBINSON, Index No.: COMPLAINT Plaintiff, - against- NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAF OS, M.D., Defendants. _.__ ..__________________----------X Plaintiffs, by their attorneys MUNAWAR & ANDREWS-SANTILLO LLP, complaining of the defendants, respectfully allege the following: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff, THERESA ROBINSON, is an individual residing in the State of New York. 2. Plaintiff,DEREK ROBINSON, is an individual residinginthe State of New York. 3. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defcadâñt, NORTHWELL HEALTH, INC., was a domestic Corporation crganized and existing pursuant to the laws of the State of New York. 4. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant, NORTHWELL HEALTH, INC., was a demantic not-for-profit Corporation organized and existing pursuant to the laws of the State of New York. 5. On information and belief, On or about Aprii 13, 2016 through on or about May 23, 2016, defendant NORTHWELL HEALTH INC., owned and operated a full service hospital and medical center known as LONG ISLAND JEWISH MEDICAL CENTER. 3 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 - • INDEx NO. 717964/2018 FILED NYSCEF DOC. NO.ENS60 COUNTY CLERK : RECEIVED NYSCEF: 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 6. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant LONG ISLAND EWISH MEDICAL CENTER was a voluntary hospital organized and existing pursuant to the laws of the State of New York. 7. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant, LONG ISLAND EWISH MEDICAL CENTER., was a domestic Corporation organized and existing pursuant to the laws of the State of New York. 8. On infomtation and belief, On or about April 13, 2016 through on or about May 23, 201.6, defendant, LONG ISLAND ÆWISH MEDICAL CENTER, was a not-for-profit Corporation organized and existing pursuant to the laws of the State of New York. 9. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant LONG ISLAND EWISH MEDICAL CENTER operated as full service hospital and medical center. 10. On information and belief, On or about April 13, 2016 through on or about May 23, 2016, defendant LONO ISLAND ÆWISH MEDICAL CENTER operated the clinical department known as the Katz Women's Hospital. 11. On information and belief, defendant DEEPAK NANDA, M.D., P.C., is a domestic professional corporation duly organized and existi=.g under and by virtue of the laws of the State of New York. 12. On information and belief, defendant DEEPAK NANDA, M.D., is an individual licensed to practice medicine in the State of New York. 13. On information and belief, defendant, EMMANUEL M. PAFOS, M.D., is an individual licensed to practice medicine in the State ofNew York. 14. On information and belief, from on or about April 13, 2016 through on or about May 23, 2016, defendant, DEEPAK NANDA, M.D., was an employee of defendant LONO ISLAND ÆWISH MEDICAL CENTER. 2 4 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 NYSCEF DOC.QUEENS NO. 60 COUNTY CLERK 11/22 12 INDEX RECEIVED NO. NYSCEF:717964/2018 01/08/2020 /2018 :36 A14 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 22. On information and belief, from on or before April 13, 2016 through on or about May 23, 2016, the defendant EMMANUEL M. PAFOS, M.D., was an owner and operator of DEEPAK NANDA, M.D., P.C. 23. On infornistion and belief, from on or before April 13, 2016 though on or about May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an employce of DEEPAK NANDA, M.D., P.C., 24. On information and belief, fmm on or before April 13, 2016 through on or about May 23, 2016, defendant EMMANUEL M. PAFOS, M.D., was an independent contractor working for DEEPAK NANDA, M.D., P.C., 25. On information and belief, from on or before April 13, 2016 through on or about May 23, 2016, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., provided obstetrician and gynecclogical services to patients giving birth at LONO ISLAND JEWISH MEDICAL CENTER. 26. On informenon and belief, on or about April 13, 2016, Plaintiff gave birth at Katz Women's Hospital at LONG ISLAND JEWISH MEDICAL CENTBR. 27. On infhrmation and belief, on or about April 13, 2016 through on or about May 23, 2016, defeñdãñt hospital, LONO ISLAND JEWISH MEDICAL CENTER, was involved in a physiciâñ-patient relationship with Plaintiff THERESA ROBINSON. 28. On information and belief, on or before April 13, 2016 through on or about May 23, 2016, DEEPAK NANDA, M.D., P.C., was involved in a physician-patient relationship with Plaintiff THERESA ROBINSON, 29. From on or about April 13, 2016 through on or about May 23, 2016, and prior and the defendant DEEPAK was involved in a physiciañ- subsequently thereto, NANDA, M.D., patient relationship with Plaintiff THERESA ROBINSON. 4 6 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 NYSCEF FILED DOC. : NO. QUEENS 60 COUNTY CLERK 11/22 /2018 12 :36 INDEX RECEIVED NO. NYSCEF:717964/2018 01/08/2020 Ald NYSCEF DOC. NO. 1 RECE IVE D NY SCEF: 11/22/2018 30. From on or about April 13, 2016 through on or about May 23, 2016, and prior and subsequent thereto, defendant EMMANUEL M. PAFOS, M.D., was involved in a physician- patient relationship with Plaintiff THERESA ROBINSON. 31. From on or about April 13, 2016 through on or about May 23, 2016, Plaintiff THERESA ROBINSON was a patient of the defendant hospital. 32. From on or about April 13, 2016 through on or about May 23, 2016, and prior thereto, Plaintiff was a patient of at defendant medical facility DEEPAK NANDA, M.D., P.C. 33. Prior to April 13, 2016 through on or about May 23, 2016, Plaintiff was a patient of the defendant doctor, DEEPAK NANDA, M.D. 34. From on or about April 13, 2016, through on or about May 23, 2016, Plaintiff was a patient of the defendant doctor, EMMANUEL M. PAFOS, M.D. 35. At all times hereinafter mentioned, the defendants agreed to and undertook to faithfully, carefully, skillfully, competently, and in accordece with approved and accepted standards of skill,knowledge and proficiency prevailing and ordinarily possessed by others of defendant's profession and specialty in the cominññity, to render professional care, aid, attention, treatment and advice in the fields of medicine, surgery, obstetrics, gynecology, matemal and fetal medicine to those persons receiving their services, including the Plaintiff, THERESA ROBINSON. 36. The Plaintiff, THERESA ROBINSON, relied on the acceditation of the defendants and on the protection, safeguards, skill and competence, which the defendants agreed and undertook to furnish and supply. 37. Defendants were careless, negligent, reckless, guilty of malpractice and departed from generally accepted d-endards of medical care in their care and treatment of Plaintiff in that they failed and neglected to render, furnish and supply the services, treatmera and medication in accordance with medical and surgical standards, end-na and usages; wrongfully, improperly 5 7 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 NYSCEF [FILED: DOC.QUEENS NO. 60 COUNTY CLERK 11/22/2018 12:36 INDEX NYSCEF: RECEIVED NO. 717964/2018 01/08/2020 _mg NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 and unskillfully treated, tested, medicated, diagñ0sed, administered, cared for and observed the patient; failed to refer for, perform and/or obtain proper obstetric consults; failed to refer for, perform or timely obtain a proper work-up; failed to perform proper and timely and proper tests and/Or blood work; failed to adequately take and properly assess and evaluate the patient's medical and surgical history; failed to adequately and properly evaluate and assess the patient defendants' during course of treatment; failed to impiciaêñt or prescribe adequate diagnostic defendants' testing during treatment of the Plaintiff patient; failed to implement or prescribe edequate medications during defendant's treatment of the patient; failed to prcperly and adequately take diagnosties; failed to properly evaluate diagnostic test results; failed to properly inform and advise the Plaintiff and/or her family members of the medications and/or treatments prescribed; delayed and/or impmperly delivered the Plaintiffs child in place of her regular ob/gyn; performed a cesarean secticñ on the Plaintiff during vaginal birth; negligently performed a complicated surgical procedure on the Plaintiff during the birth of her child; the defendant doctors, DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., improperly delivered the Plaintiff s baby; improperly and wrongfully performed surgery on the Plaintiff; lacerated the Plaintiff's bladder and ruptured the Plaintiff uterus during a cesarean section; subjected the Plaintiff to additional surgical procedures; scarring, pain, suffering; bladder surgery and wound closure; infection, prolonged and agonizing healing; failed to properly take into account Plaintiff s medical and surgical history; failed to assess diagnose and treat the Plaintiffin âccordance with her prior history; failed to apprehend the significance of a prior caesarian section on Plaintiff and the complications therefrom; failed to assess Plaintiffs candidacy for a c-section during a vaginal delivery; failed to timely disccver, diagacse, treat, assess the Plaintiff for signs and symptoms relating to a uterine rupture and bladder rupture during delivery; failed to recognize the signs and symptoms of a bladder rupture and uterine rupture relative to labor and vaginal delivery; negligently caused the Plaintiffs uterus and cervix to rupture during 6 8 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 FILED NYSCEF DOC. NO. QUEENS 60 COUNTY CLERK 11/22/2018 12 : 36 INDEX RECEIVED NO. NYSCEF:717964/2018 01/08/2020 : AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 delivery of the Plaintiff's child vaginally so as to require Plaintiff to undergo a c-section; negligently caused the PlaintifPs bladder to rupture during labor and vaginal delivery so as to require emergency surgery to ensure delivery of the Plaintiff's child; negligently caused mother and baby to be subjected to lifethreatening ==ditione; such that defendants negligently caused the patient to be subjected to further injury, additional medical treatment, surgery and medication; failed to properly and skillfully monitor and/or follow up with the Plaintiff patient's progress during post-operative office visits; negligently permitted life threatening medical conditions to exist without evaluation or treatment; failed to perform necessary laboratory tests and blood tests;failed to properly evaluate laboratory tests; failed to timely assess, diagnose and treat the Plaintiff, THERESA ROBINSON; failed to properly and adeqüãtely medicate; failed to timely perform, interpret diagnostic testing; failed to timely secure or prescribe proper referrals and physical and or occupadanal and failed to take all post-op rehabilitation, therapy therapies; of the necessary, reasonable and prudent actions to prevent the conditions from which defendants were aware, knew and/or should have known to cause severe injury to THERESA ROBINSON. de' 38. The n±=ts were careless, negligent, reckless, and guilty of malpractice in its care and treatment of THERESA ROBINSON. 39. The defendants abandoned their patient. defand=nts' 40. As a result of wrongful, improper and unskillful treatment and malpractice, THERESA ROBINSON suffered severe physical and emotional injuries, disability, impairment, and injury to her vascular, neurological and muscular systems. 41. As a result of the negligence and malpractice of the defendants, THERESA ROBINSON suffered injury, nerve damage and related injuries, severe, permanent physical and emotional injuries, disability and impairment, injury to her neurcicgical, vascular and nrescülar systems, pain and suffering, loss of enjoyment of life,suffered and experienced substantial pain, mental anguish and disability, was deprived of the ability to enjoy all normal furscdoñs and 7 9 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 INDEX NO. 717964/2018 NYSCEF filÈD: DOC.QUEENS NO. 60 COUNTY CLERK 11/22/2018 12:36 A14 RECEIVED NYSCEF: 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 pleasures of life,was required to receive extensive medical and rehabman care, and therapy treauncat, was required to obtain goods and services related to her injuries, required additional surgery; experienced prolonged healing time and loss of ability to conceive, and otherwise suffered serious injuries and damages. 42. By reason of the foregoing, Plaintiff has se-ir±4 general and =;ecial damages in a sum which exceeds the jurisdictioñã1 limit of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 43. Plaintiff repeats and realleges each and every allegation set forth in each and every paragraph hereinabove as though fully set forth herein. 44. The defendants failed to provide appropriate information, advice, and/or alternatives to the Plaintiff, THERESA ROBINSON, and/or her family members, concerning the subject treatment and surgical procedure recommended and/or performed by the defendant doctor. 45. The defendants failed to properly and adequately secure the Plaintiff's informed consent for the treatment rendered by the defendant. 46. The information and/or advice provided by the defendants to the Plaintiff and to his family membem concerning the treaknent and medication prescribed lacked both quantitive and qüeitstive sufficiency and deprived THERESA ROBINSON of an opportunity to make a reasonable evaluation of the risks and benefits of the traehnent rendered and the alternatives thereof. 47. The Plaintiff and/or her family members would not have given consent to the treatment and surgical procedures performed or recommended ifthe defendants had provided him with appropriate information and advised of the alternatives available. 8 10 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 FILED NYSCEF : DOC. QUEENS NO. 60 COUNTY CLERK 11/22(2 O18 12 : 3 6 A INDEX RECEIVED NO. NYSCEF: 717964/2018 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 48. The treatment rendered and the treatment that was failed to be rendered was a substantial factor in causing the injuries to THERESA ROBINSON. 49. By reason of the foregoing, Plaintiff sustained general and special damages in a sum which exceeds the jurisdidional limit of alllower courts which would otherwise have jurisdidien. AS AND FOR A THIRD CAUSE OF ACTION 50. Plaintiff repeats and realleges each and every allegation set forth in each and every paragraph hereinabove as though fully set forth herein. 31. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, was careless, negHgent and guilty of malpractice in credentialing itsmedical staff and in granting privileges to them. 32. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, failed to perform proper and adequate peer review of its medical staff;failed to have uniform criteria in place to evaluate itsmedical staffand membership applicants. 33. The defendant, LONG ISLAND JEWISH MEDICAL CENTER, was careless, negligent and guilty of malpractice in the selection of its medical staffas members of itsHospital staff. 34. Defendants were careless, negligent and guilty of malpractice in its allowing medical staff to render medical treatment within its facilities, including LONG ISLAND JEWISH MEDICAL CENTER, while itknew or should have known that such medical staffwas not qualified to render adequate, proper and timely medical services and treatment. 35. Defendant was careless, negligent and guilty of malpractice in failing to investigate the abilities and qualities of itsmedical staff's capabilities when it knew or should have known that such medical staff was not qualified to assess, disgacse, treat and/or perform diagnostic and surgical procedures. 9 11 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 [FILED NYSCEF DOC. : NO. QUEENS 60 COUNTY CLERK -1172 INDEX RECEIVED NO. NYSCEF: 717964/2018 01/08/2020 2-f2-0-1-8-1-2--36 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 36. Defendants failed to properly and adequately practar and monitor its medical staff,including the Co-defendants herein. defendants' 37. The negligent credentialing procedures and practices as described herein were a substantial factor in causing injuries and damages to Plaintiff. 38. reason of the foregoing, Plaintiffs sustained general and special damages in a By sum which exceeds the jurisdicticnal limit of alllower courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION 39. Plaintiffs repeats and realleges each and every allegation set forth in each and every paragraph hereinabove as though fully set forth herein. 40. On or before April 13, 2016, Plaintiffs THERESA ROBINSON and DEREK ROBINSON were husband and wife; 41. On or before April 13, 2016, Plaintiff THERESA ROB1NSON was fully capable parties' of perfhrmir.g all the duties and services of a wife and did perform as such within the dwelling. 42. From on or about April 13, 2016, Plaintiff THERESA ROBINSON has been unable to perform her duties as a wife to Plaintiff DEREK ROBINSON. defendants' 43. Solely as a result of the negligence, the Plaintiff DEREK ROBINSON has been permanently deprived of his wife, Plaintiff THERESA ROBINSON's happiness, comfort, society and companionship. 44. On or before April 13, 2016, Plaintiff THERESA ROBINSON was fully capable of performing her duties as a mother and co-parent to her children with husband plaintiff DEREK ROB1NSON. 45. From on or about April 13 2016, Plaintiff DEREK ROBINSON has been permanently deprived of the services his wife provided as a mother to their children. 10 12 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 NYSCEF (I'ILED DOC. : NO. QUEENS 60 COUNTY CLERK 11/22/2018 12 : 3m INDEX RECEIVED NO. NYSCEF:717964/2018 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 46. By reason of the foregoing, Plaintiffs sustaiñéd general and special damages in a sum which exceeds the jurisdictional limit of all tower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands jud.gmet against the defendants on each cause of action in a sum which exceeds the jurisdicticñal limit of alllower courts which would otherwise have jurisdictics, tõgether with interest, costs, and disbursements of this action, and such other, further and different relief as to the Court seems just and proper. Dated: New York, New York November 20, 2018 A & ANDREWS-SANTILLO LLP By Marisa L. Axelrad, Esq. Attorneys for Plaintiff 420 Lexington Avenue Suite 2601 New York, New York 10170 212-400-4000 11 13 of 15 FILED: QUEENS COUNTY CLERK 01/08/2020 02:20 PM INDEX NO. 717964/2018 INDEX NYSCEF: NO. 717964/2018 NYSCEF |FILED DOC. : NO. QUEENS 60 COUNTY CLERK 11/22 / 2018 12 :36 AM RECEIVED 01/08/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/22/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------- ------ ------------------------X THERESA ROB1NSON and DEREK ROBlNSON, CERTIFICATE OF MERIT MEDICAL OR DENTAL MALPRACTICE ACTION Plaintiffs, Index No.: - against - NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL