Preview
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
I f I
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERI E
---- ----- - -----------------------------------------------------X
TIMOTHY WOJDAN
Plaintiff/Petitioner,
- -
808 M0/20 M
against Index No.
ERIE COUNTY MEDICAL CENTER CORPORATION
WILLIAM DICE, M. D.
ANDREW J. ~ ECKERT, M. D. Defendant/Respondent.
———---
—————
--TAT-IANA·-42--B0¥K03--M-rB----------------------------X
ZATjkÃA-4~-49%6 9;
cHARLES WILES, MMOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filingof the
accompanying documents with the County Clerk via the New York State Courts Electronic Filing System
("NYSCEF"), is subjectto mandatory electronic filingpursuant to Section 202.5-bb of theUniform Rules for the Trial
Courts. This notice isbeing served as required by Subdivision (b) (3) ofthat Section.
Counsel and/or parties must either: 1) immediately record theirrepresentation within the e-filedmatter on
the Consent/Represent page inNYSCEF; or 2)filethe Notice ofOpt-Out form to claim one of the limited exemptions
from mandatory e-filing(see below). Failure torecord representation may resultin an inability toreceive electronic
notice of any document filings.Claiming an exemption will require theexempt party toserve and be served with hard
copy documents.
Counsel and unrepresented parties who intend to participate ine-filing must first create a NYSCEF account
and obtainauser ID andpassword. For additionalinformation about electronic filing,andto create aNYSCEF account,
visitthe NYSCEF website at www.nycourts.gov/efile or contact theNYSCEF Resource Center (phone: 646-386-3033;
e-mail: efile(dlnycourts.gov; mailing address: 60 Centre Street,New York, New York 10007).
Exemptions from mandatory e-filing(Section 202.5-bb(e)) are limited to:
1) attorneys who certify in good faith thatthey lack thecomputer hardware and/or scanner
and/or internet connection or that they lack (along with all employees subject to their
direction) the operational knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose notto participate in e-filing.
(Such parties are encouraged to visitwww.nycourthelp.gov. or contact the Help Center in
the court where the action ispending.)
Dated: 7/6/15
2410 Nor th Fores t Rd.
Signature) (A ddress)
Amhers t , New York 14068
Randy C. ~Mallaber, Es q. ~ (Name)
HoganWillig PLLC
(Firm 716-636-7600
Name) (Phone)
Def endants rmallaber@hoganwillig. coiE-tE-
To: hu)
3/30/15
FILED: INDEX NO.NO. 808140/2015
: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX . 808140/2 15
F: LED ERIE ·COUNTY CLERK 07/ 06 2015 04 : 2 9 PM|
NYSCEF
NY :CEFDOC.
DOC. NO.
NO. 561 RECEIVEDNYSCEF:
RECEIVED NYSCEF: 05/07/2018
07/06/2 15
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
TIMOTHY WOJDAN
31 Long Avenue
Cheektowaga, New York 14225, .
Plaintiff, SUMMONS
vs.
Index No. 808140 /2 015
ERIE COUNTY MEDICAL CENTER CORPORATION
462 Grider Street
Buffalo, New York 14215
WILLIAM DICE, M.D.
462 Grider Street
Buffalo, New York 14215
ANDREW J. ECKERT, M.D.
462 Grider Street
Buffalo, New York 14215
TATIANA V. BOYKO, M.D.
462 Grider Street
Buffalo, New York 14215
CHARLES WILES, M.D.
462 Grider Street
Buffalo, New York 14215
Defendants.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve
a copy of your answer, or, ifthe complaint is not served with a summons, to serve a notice of
appearance, on plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the day of service, or within 30 (thirty) days after completion of service where
service is made in any other manner than by personal delivery within the State. In case of your
HOGAN WILLIG
Attorneys atLaw
2410NORTHFORESTROAD | sUITE301 [ AMHERST,NEW YORK14068
Fbone: 716.636.7600
Phoae:716.636.7600 Free: 000.636.5355 [) Fax:716.636.7606
[I Toll
Taa Free:800.636.5355 Fax: 716.636.7606 [ www.hogaawillig.corn
www.bogaawillig.mttt
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
I
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Erie County is designated as the place of trial on the basis Of the Plaintiff s residence at
31 Long Avenue, Cheektowaga, New York 14225.
DATED: July 6, 2015
HOGANWILLIG, PLLC
Randy C. Mallaber, Esq.
Attorneys for Plaintif
2410 North Forest Road, Suite 301
Amherst, New York 14068
(716) 636-7600
2
HOGANWILLIG
Attorneys atLaw
2410 NORH1 FORFEr ROAD| SUITE301 ) AMHERST, NEW YORK 14068
Phoae: 716.636.7600
7l6.636.7600) Toll Free:
Free:808.6368265
000Ai368265 716.636.7606
7I6AU6.7606
fl Fax:
Faa ) www.bogaawilli~om
www.hoganwilgg.coro
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
TIMOTHY WOJDAN
Plaintiff, COMPLAINT
VS.
Index No. 8 O 814 0 /2 015
ERIE COUNTY MEDICAL CENTER CORPORATION,
WILLIAM DICE, M.D.,
ANDREW J. ECKERT, M.D.,
TATIANA V. BOYKO, M.D. and
CHARLES WILES, M.D.
Defendants.
Plaintiff, TIMOTHY WOJDAN, by and through his attorneys, HoganWillig, PLLC, as
and for his Complaint against the Defendant, allege as follows:
1, At alltimes hereinafter mentioned, the Plaintiff, TIMOTHY WOJDAN, was and
stillis a resident of the County of Erie, State of New York.
2, Upon information and belief, Defendant WILLIAM DICE, M.D. was and stillis a
medical doctor and physician duly licensed to practice his profession in the State of New York
with a principal place of business located at 462 Grider Street, Buffalo, New York 14215.
3. Upon information and belief, and at all times hereinafter mentioned, Defendant
WILLIAM DICE, M.D. held himself out as duly qualified to render proper and adequate medical
care, treatment, and services to members of the general public, including Timothy Wojdan.
4. Upon information and belief, at alltimes herein mentioned, Defendant WILLIAM
| DICE, M.D. was acting individually and/or within the scope of his authority, ostensible agency,
and/or employment with Defendant ERIE COUNTY MEDICAL CENTER CORPORATION
("Defendant "ECMCC") in rendering medical care, treatment or services to Timothy Wojdan.
. 5. Upon information and belief, Defendant ANDREW J. ECKERT, M.D. was and
3
HOGANWILLIG
Attorneys atLaw
2410NORTH FOREST ROAD| SU1TE301 | AMHERST,NEW YORK14068
Phone:716.636.7600( Toa Free: $00.636.5255 ] Fax:716.636.7606
I www.hoganwillig.cotn
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
stillis a medical doctor and physician duly licensed to practice his profession in the State of New
York with a principal place of business located at 462 Grider Street, Buffalo, New York 14215.
6. Upon information and belief, and at all times hereinafter mentioned, Defendant
ANDREW J. ECKERT, M.D. held himself out as duly qualified to render proper and adequate
medical care, treatment, and services to members of the general public, including Timothy
Wojdan.
7. Upon information and belief, at all times herein mentioned, Defendant ANDREW
J. ECKERT, M.D. was acting individually and/or within the scope of his authority, ostensible
agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or
services to Timothy Wojdan.
8. Upon information and belief, Defendant TATIANA V. BOYKO, M.D. was and
still is a medical doctor and physician duly licensed to practice her profession in the State of
New York with a principal place of business located at 462 Grider Street, Buffalo, New York
14215.
9. Upon information and belief, and at all times hereinafter mentioned, Defendant
TATIANA V, BOYKO, M.D. held herself out as duly qualified to render proper and adequate
medical care, treatment, and services to members of the general public, including Timothy
Wojdan.
10. Upon information and belief, at alltimes herein mentioned, Defendant TATIANA
V. BOYKO, M.D. was acting individually and/or within the scope of her authority, ostensible
agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or
services to Timothy Wojdan.
11. Upon information and belief, Defendant CHARLES WILES, M.D. was and stillis
4
HOGANWILLIG
Attorneys at Law
2410NORTHFORESTROAD j SUITE301 | AMHERST,NEWYORK14068
Phone: 716.636.7600 I Toll Free: 000.636.5255
I Fax: 716.636.7606 [ www.hoganwillig.con
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
a medical doctor and physician duly licensed to practice his profession in the State of New York
with a principal place of business located at 462 Grider Street, Buffalo, New York 14215.
12. Upon information and belief, and at all times hereinafter mentioned, Defendant
CHARLES WILES, M.D. held himself out as duly qualified to render proper and adequate
medical care, treatment, and services to members of the general public, including Timothy
Wojdan.
13. Upon information and belief, at alltimes herein mentioned, Defendant CHARLES
WILES, M.D. was acting individually and/or within the scope of his authority, ostensible
agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or
services to Timothy Wojdan.
14. Upon information and belief, at alltimes hereinailer mentioned, Defendant ERIE
COUNTY MEDICAL CENTER CORPORATION ("ECMCC") was and is a corporation
organized and existing pursuant to the laws of the State of New York, and licensed by the New
York State Department of Health to operate a hospital facility known as Erie County Medical
Center at 462 Grider Street, City of Buffalo, County of Erie, State of New York.
15. Upon information and belief, and at all times hereinafter mentioned, Defendant
ECMCC, its agents, servants, and/or employees, operated, maintained, managed and was in
exclusive control of said hospital, which held itselfout as a hospital duly qualified and capable
of rendering care and treatment to the members of the general public, including, but not limited
to, Timothy Wojdan, and for such purposes hired doctors, nurses, residents, and other
professional personnel and had a duty to properly staff,manage, control and supervise the care
and treatment provided to such patients, such as Timothy Wojdan.
16. Upon information and belief, and at all times hereinafter mentioned, Defendant
5
Ho GANW IL LIG
Attorneys atLaw
2410 NORTH FOREST ROAD| sUrrE 301 | AMHERST, NEW YORK 14068
Free: 800.636.5255 [ Fax: 716.636.7606 ] www.boganwiHig.eon
Pbone: 716.636.7600 ) Toll
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
WILLIAM DICE, M.D. is and was a member, associate, employee, agent, and/or servant of
Defendant ECMCC.
17. Upon information and belief, and at all times hereinafter mentioned, Defendant
ANDREW J. ECKERT, M.D. is and was a member, associate, employee, agent, and/or servant
of Defendant ECMCC.
18. Upon information and belief, and at all times hereinafter mentioned, Defendant
TATIANA V. BOYKO, M.D. is and was a member, associate, employee, agent, and/or servant
of Defendant ECMCC.
19. Upon information and belief, and at all times hereinafter mentioned, Defendant
CHARLES WILES, M.D. is and was a member, associate, employee, agent, and/or servant of
Defendant ECMCC.
20. On or about February 24, 2015, Plaintiff, Timothy Wojdan served a Late Notice
of Claim upon ECMCC in compliance with the New York State General Municipal Law and
Order of the Court.
21. On or about May 13, 2015, a 50-h hearing was conducted pursuant to General
Municipal Law § 50-h.
22. More than thirty days have passed since Plaintiff served a Notice of Claim and the
50-h hearing has been completed, but Defendant ECMCC has failed and refused to adjust
Plaintiff's claim.
23. On or about May 6, 2014, Plaintiff was taken by ambulance to ECMCC following
a motor vehicle accident with serious injuries including neck pain with associated numbness in
all extremities and partial paralysis of the lower extremities.
24. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment
6
HOG ANWILLIG
Attorneys atLaw
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
Pbonet 716.636,7600
J Toll
Free: 800.6368255
] Fax: 716M6.7606 J www.boganwtltig.eom
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
and professional medical care of Defendant WILLIAM DICE, M.D.
25. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment
and professional medical care of Defendant ANDREW J. ECKERT, M.D.
26. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment
and professional medical care of Defendant TATIANA V. BOYKO, M.D.
27. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment
and professional medical care of Defendant CHARLES WILES, M.D.
28. Upon information and belief, as a result of the failure of the Defendant doctors,
WILLIAM DICE, M.D., ANDREW J. ECKERT, M.D. TATIANA V. BOYKO, M.D. and
CHARLES WILES, M.D. and other staff at ECMCC to timely order medically indicated
diagnostic studies and to seek appropriate specialist consult the Plaintiff's condition worsened.
29. Upon information and belief, as a result of the negligence, carelessness and/or
recklessness of the Defendants, the Plaintiff was caused to suffer a delay in treatment which
resulted in serious and severe injuries to the Plaintiff.
30. Upon information and belief, due to the negligence and carelessness of the
Defendants the Plaintiff was rendered a quadriplegic.
31. Plaintiff remained in the continuous care of ECMCC from May 6, 2014 through
August 28, 2014.
32. Upon information and belief, Defendant ECMCC is vicariously liable for the
negligent, carless, and reckless actions of its agents, ostensible agents, servants, employees,
physicians, residents, nurses, and/or medical personnel.
33. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is
vicariously responsible for the negligent, careless and reckless actions of Defendant WILLIAM
7
HOGANWILLIG
Attorneys atLaw
2410NORTHFORESTROAD| SCITE301 I AMHERST,NEWYORK14068
Phone:716.636.7600( Tos Free: 800.6365255
( Fax: 716.636.7606 I www.hogaawiuig.corn
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
DICE, M.D.
34. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is
vicariously responsible for the negligent, careless and reckless actions of Defendant ANDREW
J. ECKERT, M.D.
35. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is
vicariously responsible for the negligent, careless and reckless actions of Defendant TATIANA
V. BOYKO, M.D.
36. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is
vicariously responsible for the negligent, careless and reckless actions of Defendant CHARLES
WILES, M.D.
37. By virtue of the application of one or more sections of Article 16, Section 2 of the
Civil Practice Law and Rules, the limitations on liability imposed in that Article do not apply to
the causes of action contained herein.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANT WILLIAM DICE, M.D.
38. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "37"
paragraphs through above as if fullyset forth herein.
39. At all times hereinafter mentioned, Defendant WILLIAM DICE, M.D.
represented himself as a competent physician, with sufficient knowledge, skilland expertise as a
doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and
accepted standards.
40. During said time, the relationship of physician and patient existed between
Plaintiff and Defendant WILLIAM DICE, M.D., and such relationship was one of trust and
8
HOGANWILLIG
Attorneys atLaw
2410 NORTH FOREsT ROAD | sUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 ] Toll Free: 800,636.5255 ( Fax: 716.636.7606 ( www.hoganwillig,eon
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
confidence on the part of Plaintiff directed toward Defendant WILLIAM DICE, M.D.
41. During said time, Defendant WILLIAM DICE, M.D. did not use reasonable care
and failed to meet good and accepted standards of practice in the medical community in treating
and recommending procedures to Plaintiff.
42. Upon information and belief, Plaintiff was taken by ambulance to the Emergency
Room at ECMCC following a motor vehicle accident with serious injuries including neck pain
with associated numbness in allextremities and partial paralysis of the lower extremities.
43. Upon information and belief, on or about May 6, 2014 Plaintiff was assessed by
Defendant WILLIAM DICE, M.D. upon arrival to the ECMCC emergency room.
44. Plaintiff was admitted with acute complaints of neck pain and generalized
weakness in allextremities after the motor vehicle accident.
45. Defendant, WILLIAM DICE, M.D. was negligent in his failure to seek a timely
neurosurgeon evaluation and/or consultation of the Plaintiff based on the severity of Plaintiff's
complaints and injuries.
46. Defendant WILLIAM DICE, M.D., was negligent and committed acts of
malpractice in failing to recommend a neurosurgeon evaluation and/or consultation and MRI
after a clinical impression of polytrauma and spinal cord injury; and in otherwise being
negligent, careless and reckless in connection with the care and treatment rendered to Plaintiff.
47. As a direct result of the carelessness, negligence and lack of skill of Defendant
WILLIAM DICE, M.D., in treating and caring for Plaintiff, and without any fault or negligence
of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all to
Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other courts which
might otherwise have jurisdiction.
9
HOGANWILLIG
Attorneys at Law
2410 NORTH FORESTROAD| SUITE301 | AMHERST, NEW YORK14068
Phoae:716.636.7600[ Toil Free: $00.636.5255 ) Fax:716.636.7606
( www.hoganwillig.corn
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
. .
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
DEFENDANT ANDREW J, ECKERT, M.D.
48. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "47"
paragraphs through above as if fully set forth herein.
49. At all times hereinafter mentioned, Defendant ANDREW J. ECKERT, M.D.
represented himself as a competent physician, with sufficient knowledge, skill and expertise as a
doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and
accepted standards.
50. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under
the treatment and professional medical care of Defendant ANDREW J. ECKERT, M.D. at
ECMCC for acute medical injuries following a motor vehicle accident.
51. During said time, Defendant, ANDREW J. ECKERT, M.D. did not use
reasonable care and failed to meet good and accepted standards of practice in the medical
community in treating and recommending and/or securing emergent care procedures for the
Plaintiff.
52. Defendant, ANDREW J. ECKERT, M.D. in undertaking the emergent care and
treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice
in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with
accepted medical customs and practices; failed to seek the appropriate and medically indicated
evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff's
acute complaints of neck pain, numbness and generalized weakness in allextremities; failing to
properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting and
allowing the medical condition of Plaintiff to deteriorate, become aggravated and progressively
10
HOGANWILLIG
Attorneys atLaw
2410NORTHFORESTROAD| SUITE391 | AMHERST,NEW YORK14068
Phone: 716.636.7600 [ Toll Free: 800.636.5255 [ Fax: 716.636.7606 ( www.haganwillig.coin
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
worsen; failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and
complaints; failing to treat Plaintiff in accordance with that degree of skill and care required
under the circumstances then and there existing; failing to give proper acute emergent care; and
in otherwise being negligent, careless and reckless in connection with the care and treatment
rendered to Plaintiff.
53. As a direct result of the carelessness, negligence and lack of skill of Defendant
ANDREW J. ECKERT, M.D., in treating and caring for Plaintiff, and without any fault or
negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all
to Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other courts
which might otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST
DEFENDANT TATIANA V. BOYKO, M.D.
54. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "53"
paragraphs through above as if fullyset forth herein.
55. At all times hereinafter mentioned, Defendant TATIANA V. BOYKO, M.D.
represented herself as a competent physician, with sufficient knowledge, skilland expertise as a
PlaintiQ'
doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and
accepted standards.
56. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under
the treatment and professional medical care of Defendant TATIANA V. BOYKO, M.D. at
ECMCC for acute medical injuries following a motor vehicle accident.
57. During said time, Defendant, TATIANA V. BOYKO, M.D. did not use
reasonable care and failed to meet good and accepted standards of practice in the medical
community in treating and recommending and/or securing emergent care procedures for the
11
HOGANWILLIG
Attorneys atLaw
2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068
( Toll Free: 800,636.5255 ( Fsx: 716.636.7606 ( www.hoganwillig.corn
Phone: 716.636.7600
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
Plaintiff.
58. Defendant, TATIANA V. BOYKO, M.D. in undertaking the emergent care and
treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice
in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with
accepted medical customs and practices; failed to seek the appropriate and medically indicated
evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff s
acute complaints of neck pain, numbness and generalized weakness in all extremities; failing to
properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting and
allowing the medical condition of Plaintiff to deteriorate, become aggravated and progressively
worsen; failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and
complaints; failing to treat Plaintiff in accordance with that degree of skill and care required
under the circumstances then and there existing; failing to give proper acute emergent care; and
in otherwise being negligent, careless and reckless in connection with the care and treatment
rendered to Plaintiff.
59. As a direct result of the carelessness, negligence and lack of skill of Defendant
TATIANA V. BOYKO, M.D., in treating and caring for Plaintiff, and without any fault or
negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all
to Plaintiff's damage in an amount which exceeds the jurisdictional limits of allother courts
which might otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
DEFENDANT CHARLES WILES3 M.D.
60. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" "59"
paragraphs through above as iffully set forth herein.
12
HOG ANWILLIG
Attorneys at Law
2410 NORTHIiDRESTROAD| sUITE391 | AMHERsT, NEW YORK14068
Phoae: 716.636.7600
( Toll
Free: 800.636.5255 ( Faxt 716.636.7606 i www.hoganwillig.corn
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018
61. At all times hereinafter mentioned, Defendant CHARLES WILES, M.D.
represented himself as a competent physician, with sufficient knowledge, skilland expertise as a
doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and
accepted standards.
62. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under
the treatment and professional medical care of Defendant CHARLES WILES, M.D. at ECMCC
for acute medical injuries following a motor vehicle accident.
63. During said time, Defendant, CHARLES WILES, M.D. did not use reasonable
care and failed to meet good and accepted standards of practice in the medical community in
treating and recommending and/or securing emergent care procedures to the Plaintiff.
64. Defendant, CHARLES WILES, M.D. in undertaking the emergent care and
treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice
in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with
accepted medical customs and practices; failed to seek the appropriate and medically indicated
evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff's
acute complaints of neck pain, numbness and generalized weakness in all extremities; failing to
properly monitor Plaintiff's conditi
Preview
FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 I f I NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERI E ---- ----- - -----------------------------------------------------X TIMOTHY WOJDAN Plaintiff/Petitioner, - - 808 M0/20 M against Index No. ERIE COUNTY MEDICAL CENTER CORPORATION WILLIAM DICE, M. D. ANDREW J. ~ ECKERT, M. D. Defendant/Respondent. ———--- ————— --TAT-IANA·-42--B0¥K03--M-rB----------------------------X ZATjkÃA-4~-49%6 9; cHARLES WILES, MMOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filingof the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subjectto mandatory electronic filingpursuant to Section 202.5-bb of theUniform Rules for the Trial Courts. This notice isbeing served as required by Subdivision (b) (3) ofthat Section. Counsel and/or parties must either: 1) immediately record theirrepresentation within the e-filedmatter on the Consent/Represent page inNYSCEF; or 2)filethe Notice ofOpt-Out form to claim one of the limited exemptions from mandatory e-filing(see below). Failure torecord representation may resultin an inability toreceive electronic notice of any document filings.Claiming an exemption will require theexempt party toserve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate ine-filing must first create a NYSCEF account and obtainauser ID andpassword. For additionalinformation about electronic filing,andto create aNYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact theNYSCEF Resource Center (phone: 646-386-3033; e-mail: efile(dlnycourts.gov; mailing address: 60 Centre Street,New York, New York 10007). Exemptions from mandatory e-filing(Section 202.5-bb(e)) are limited to: 1) attorneys who certify in good faith thatthey lack thecomputer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose notto participate in e-filing. (Such parties are encouraged to visitwww.nycourthelp.gov. or contact the Help Center in the court where the action ispending.) Dated: 7/6/15 2410 Nor th Fores t Rd. Signature) (A ddress) Amhers t , New York 14068 Randy C. ~Mallaber, Es q. ~ (Name) HoganWillig PLLC (Firm 716-636-7600 Name) (Phone) Def endants rmallaber@hoganwillig. coiE-tE- To: hu) 3/30/15 FILED: INDEX NO.NO. 808140/2015 : ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX . 808140/2 15 F: LED ERIE ·COUNTY CLERK 07/ 06 2015 04 : 2 9 PM| NYSCEF NY :CEFDOC. DOC. NO. NO. 561 RECEIVEDNYSCEF: RECEIVED NYSCEF: 05/07/2018 07/06/2 15 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY WOJDAN 31 Long Avenue Cheektowaga, New York 14225, . Plaintiff, SUMMONS vs. Index No. 808140 /2 015 ERIE COUNTY MEDICAL CENTER CORPORATION 462 Grider Street Buffalo, New York 14215 WILLIAM DICE, M.D. 462 Grider Street Buffalo, New York 14215 ANDREW J. ECKERT, M.D. 462 Grider Street Buffalo, New York 14215 TATIANA V. BOYKO, M.D. 462 Grider Street Buffalo, New York 14215 CHARLES WILES, M.D. 462 Grider Street Buffalo, New York 14215 Defendants. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, ifthe complaint is not served with a summons, to serve a notice of appearance, on plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service, or within 30 (thirty) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your HOGAN WILLIG Attorneys atLaw 2410NORTHFORESTROAD | sUITE301 [ AMHERST,NEW YORK14068 Fbone: 716.636.7600 Phoae:716.636.7600 Free: 000.636.5355 [) Fax:716.636.7606 [I Toll Taa Free:800.636.5355 Fax: 716.636.7606 [ www.hogaawillig.corn www.bogaawillig.mttt FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 I NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Erie County is designated as the place of trial on the basis Of the Plaintiff s residence at 31 Long Avenue, Cheektowaga, New York 14225. DATED: July 6, 2015 HOGANWILLIG, PLLC Randy C. Mallaber, Esq. Attorneys for Plaintif 2410 North Forest Road, Suite 301 Amherst, New York 14068 (716) 636-7600 2 HOGANWILLIG Attorneys atLaw 2410 NORH1 FORFEr ROAD| SUITE301 ) AMHERST, NEW YORK 14068 Phoae: 716.636.7600 7l6.636.7600) Toll Free: Free:808.6368265 000Ai368265 716.636.7606 7I6AU6.7606 fl Fax: Faa ) www.bogaawilli~om www.hoganwilgg.coro FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY WOJDAN Plaintiff, COMPLAINT VS. Index No. 8 O 814 0 /2 015 ERIE COUNTY MEDICAL CENTER CORPORATION, WILLIAM DICE, M.D., ANDREW J. ECKERT, M.D., TATIANA V. BOYKO, M.D. and CHARLES WILES, M.D. Defendants. Plaintiff, TIMOTHY WOJDAN, by and through his attorneys, HoganWillig, PLLC, as and for his Complaint against the Defendant, allege as follows: 1, At alltimes hereinafter mentioned, the Plaintiff, TIMOTHY WOJDAN, was and stillis a resident of the County of Erie, State of New York. 2, Upon information and belief, Defendant WILLIAM DICE, M.D. was and stillis a medical doctor and physician duly licensed to practice his profession in the State of New York with a principal place of business located at 462 Grider Street, Buffalo, New York 14215. 3. Upon information and belief, and at all times hereinafter mentioned, Defendant WILLIAM DICE, M.D. held himself out as duly qualified to render proper and adequate medical care, treatment, and services to members of the general public, including Timothy Wojdan. 4. Upon information and belief, at alltimes herein mentioned, Defendant WILLIAM | DICE, M.D. was acting individually and/or within the scope of his authority, ostensible agency, and/or employment with Defendant ERIE COUNTY MEDICAL CENTER CORPORATION ("Defendant "ECMCC") in rendering medical care, treatment or services to Timothy Wojdan. . 5. Upon information and belief, Defendant ANDREW J. ECKERT, M.D. was and 3 HOGANWILLIG Attorneys atLaw 2410NORTH FOREST ROAD| SU1TE301 | AMHERST,NEW YORK14068 Phone:716.636.7600( Toa Free: $00.636.5255 ] Fax:716.636.7606 I www.hoganwillig.cotn FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 stillis a medical doctor and physician duly licensed to practice his profession in the State of New York with a principal place of business located at 462 Grider Street, Buffalo, New York 14215. 6. Upon information and belief, and at all times hereinafter mentioned, Defendant ANDREW J. ECKERT, M.D. held himself out as duly qualified to render proper and adequate medical care, treatment, and services to members of the general public, including Timothy Wojdan. 7. Upon information and belief, at all times herein mentioned, Defendant ANDREW J. ECKERT, M.D. was acting individually and/or within the scope of his authority, ostensible agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or services to Timothy Wojdan. 8. Upon information and belief, Defendant TATIANA V. BOYKO, M.D. was and still is a medical doctor and physician duly licensed to practice her profession in the State of New York with a principal place of business located at 462 Grider Street, Buffalo, New York 14215. 9. Upon information and belief, and at all times hereinafter mentioned, Defendant TATIANA V, BOYKO, M.D. held herself out as duly qualified to render proper and adequate medical care, treatment, and services to members of the general public, including Timothy Wojdan. 10. Upon information and belief, at alltimes herein mentioned, Defendant TATIANA V. BOYKO, M.D. was acting individually and/or within the scope of her authority, ostensible agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or services to Timothy Wojdan. 11. Upon information and belief, Defendant CHARLES WILES, M.D. was and stillis 4 HOGANWILLIG Attorneys at Law 2410NORTHFORESTROAD j SUITE301 | AMHERST,NEWYORK14068 Phone: 716.636.7600 I Toll Free: 000.636.5255 I Fax: 716.636.7606 [ www.hoganwillig.con FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 a medical doctor and physician duly licensed to practice his profession in the State of New York with a principal place of business located at 462 Grider Street, Buffalo, New York 14215. 12. Upon information and belief, and at all times hereinafter mentioned, Defendant CHARLES WILES, M.D. held himself out as duly qualified to render proper and adequate medical care, treatment, and services to members of the general public, including Timothy Wojdan. 13. Upon information and belief, at alltimes herein mentioned, Defendant CHARLES WILES, M.D. was acting individually and/or within the scope of his authority, ostensible agency, and/or employment with Defendant ECMCC in rendering medical care, treatment or services to Timothy Wojdan. 14. Upon information and belief, at alltimes hereinailer mentioned, Defendant ERIE COUNTY MEDICAL CENTER CORPORATION ("ECMCC") was and is a corporation organized and existing pursuant to the laws of the State of New York, and licensed by the New York State Department of Health to operate a hospital facility known as Erie County Medical Center at 462 Grider Street, City of Buffalo, County of Erie, State of New York. 15. Upon information and belief, and at all times hereinafter mentioned, Defendant ECMCC, its agents, servants, and/or employees, operated, maintained, managed and was in exclusive control of said hospital, which held itselfout as a hospital duly qualified and capable of rendering care and treatment to the members of the general public, including, but not limited to, Timothy Wojdan, and for such purposes hired doctors, nurses, residents, and other professional personnel and had a duty to properly staff,manage, control and supervise the care and treatment provided to such patients, such as Timothy Wojdan. 16. Upon information and belief, and at all times hereinafter mentioned, Defendant 5 Ho GANW IL LIG Attorneys atLaw 2410 NORTH FOREST ROAD| sUrrE 301 | AMHERST, NEW YORK 14068 Free: 800.636.5255 [ Fax: 716.636.7606 ] www.boganwiHig.eon Pbone: 716.636.7600 ) Toll FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 WILLIAM DICE, M.D. is and was a member, associate, employee, agent, and/or servant of Defendant ECMCC. 17. Upon information and belief, and at all times hereinafter mentioned, Defendant ANDREW J. ECKERT, M.D. is and was a member, associate, employee, agent, and/or servant of Defendant ECMCC. 18. Upon information and belief, and at all times hereinafter mentioned, Defendant TATIANA V. BOYKO, M.D. is and was a member, associate, employee, agent, and/or servant of Defendant ECMCC. 19. Upon information and belief, and at all times hereinafter mentioned, Defendant CHARLES WILES, M.D. is and was a member, associate, employee, agent, and/or servant of Defendant ECMCC. 20. On or about February 24, 2015, Plaintiff, Timothy Wojdan served a Late Notice of Claim upon ECMCC in compliance with the New York State General Municipal Law and Order of the Court. 21. On or about May 13, 2015, a 50-h hearing was conducted pursuant to General Municipal Law § 50-h. 22. More than thirty days have passed since Plaintiff served a Notice of Claim and the 50-h hearing has been completed, but Defendant ECMCC has failed and refused to adjust Plaintiff's claim. 23. On or about May 6, 2014, Plaintiff was taken by ambulance to ECMCC following a motor vehicle accident with serious injuries including neck pain with associated numbness in all extremities and partial paralysis of the lower extremities. 24. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment 6 HOG ANWILLIG Attorneys atLaw 2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068 Pbonet 716.636,7600 J Toll Free: 800.6368255 ] Fax: 716M6.7606 J www.boganwtltig.eom FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 and professional medical care of Defendant WILLIAM DICE, M.D. 25. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment and professional medical care of Defendant ANDREW J. ECKERT, M.D. 26. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment and professional medical care of Defendant TATIANA V. BOYKO, M.D. 27. On or about May 6, 2014, Plaintiff was a patient at ECMCC under the treatment and professional medical care of Defendant CHARLES WILES, M.D. 28. Upon information and belief, as a result of the failure of the Defendant doctors, WILLIAM DICE, M.D., ANDREW J. ECKERT, M.D. TATIANA V. BOYKO, M.D. and CHARLES WILES, M.D. and other staff at ECMCC to timely order medically indicated diagnostic studies and to seek appropriate specialist consult the Plaintiff's condition worsened. 29. Upon information and belief, as a result of the negligence, carelessness and/or recklessness of the Defendants, the Plaintiff was caused to suffer a delay in treatment which resulted in serious and severe injuries to the Plaintiff. 30. Upon information and belief, due to the negligence and carelessness of the Defendants the Plaintiff was rendered a quadriplegic. 31. Plaintiff remained in the continuous care of ECMCC from May 6, 2014 through August 28, 2014. 32. Upon information and belief, Defendant ECMCC is vicariously liable for the negligent, carless, and reckless actions of its agents, ostensible agents, servants, employees, physicians, residents, nurses, and/or medical personnel. 33. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is vicariously responsible for the negligent, careless and reckless actions of Defendant WILLIAM 7 HOGANWILLIG Attorneys atLaw 2410NORTHFORESTROAD| SCITE301 I AMHERST,NEWYORK14068 Phone:716.636.7600( Tos Free: 800.6365255 ( Fax: 716.636.7606 I www.hogaawiuig.corn FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 DICE, M.D. 34. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is vicariously responsible for the negligent, careless and reckless actions of Defendant ANDREW J. ECKERT, M.D. 35. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is vicariously responsible for the negligent, careless and reckless actions of Defendant TATIANA V. BOYKO, M.D. 36. Upon information and belief, at alltimes herein mentioned, Defendant ECMCC is vicariously responsible for the negligent, careless and reckless actions of Defendant CHARLES WILES, M.D. 37. By virtue of the application of one or more sections of Article 16, Section 2 of the Civil Practice Law and Rules, the limitations on liability imposed in that Article do not apply to the causes of action contained herein. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT WILLIAM DICE, M.D. 38. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "37" paragraphs through above as if fullyset forth herein. 39. At all times hereinafter mentioned, Defendant WILLIAM DICE, M.D. represented himself as a competent physician, with sufficient knowledge, skilland expertise as a doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and accepted standards. 40. During said time, the relationship of physician and patient existed between Plaintiff and Defendant WILLIAM DICE, M.D., and such relationship was one of trust and 8 HOGANWILLIG Attorneys atLaw 2410 NORTH FOREsT ROAD | sUITE 301 | AMHERST, NEW YORK 14068 Phone: 716.636.7600 ] Toll Free: 800,636.5255 ( Fax: 716.636.7606 ( www.hoganwillig,eon FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 confidence on the part of Plaintiff directed toward Defendant WILLIAM DICE, M.D. 41. During said time, Defendant WILLIAM DICE, M.D. did not use reasonable care and failed to meet good and accepted standards of practice in the medical community in treating and recommending procedures to Plaintiff. 42. Upon information and belief, Plaintiff was taken by ambulance to the Emergency Room at ECMCC following a motor vehicle accident with serious injuries including neck pain with associated numbness in allextremities and partial paralysis of the lower extremities. 43. Upon information and belief, on or about May 6, 2014 Plaintiff was assessed by Defendant WILLIAM DICE, M.D. upon arrival to the ECMCC emergency room. 44. Plaintiff was admitted with acute complaints of neck pain and generalized weakness in allextremities after the motor vehicle accident. 45. Defendant, WILLIAM DICE, M.D. was negligent in his failure to seek a timely neurosurgeon evaluation and/or consultation of the Plaintiff based on the severity of Plaintiff's complaints and injuries. 46. Defendant WILLIAM DICE, M.D., was negligent and committed acts of malpractice in failing to recommend a neurosurgeon evaluation and/or consultation and MRI after a clinical impression of polytrauma and spinal cord injury; and in otherwise being negligent, careless and reckless in connection with the care and treatment rendered to Plaintiff. 47. As a direct result of the carelessness, negligence and lack of skill of Defendant WILLIAM DICE, M.D., in treating and caring for Plaintiff, and without any fault or negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all to Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other courts which might otherwise have jurisdiction. 9 HOGANWILLIG Attorneys at Law 2410 NORTH FORESTROAD| SUITE301 | AMHERST, NEW YORK14068 Phoae:716.636.7600[ Toil Free: $00.636.5255 ) Fax:716.636.7606 ( www.hoganwillig.corn FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 . . NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT ANDREW J, ECKERT, M.D. 48. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "47" paragraphs through above as if fully set forth herein. 49. At all times hereinafter mentioned, Defendant ANDREW J. ECKERT, M.D. represented himself as a competent physician, with sufficient knowledge, skill and expertise as a doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and accepted standards. 50. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under the treatment and professional medical care of Defendant ANDREW J. ECKERT, M.D. at ECMCC for acute medical injuries following a motor vehicle accident. 51. During said time, Defendant, ANDREW J. ECKERT, M.D. did not use reasonable care and failed to meet good and accepted standards of practice in the medical community in treating and recommending and/or securing emergent care procedures for the Plaintiff. 52. Defendant, ANDREW J. ECKERT, M.D. in undertaking the emergent care and treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with accepted medical customs and practices; failed to seek the appropriate and medically indicated evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff's acute complaints of neck pain, numbness and generalized weakness in allextremities; failing to properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting and allowing the medical condition of Plaintiff to deteriorate, become aggravated and progressively 10 HOGANWILLIG Attorneys atLaw 2410NORTHFORESTROAD| SUITE391 | AMHERST,NEW YORK14068 Phone: 716.636.7600 [ Toll Free: 800.636.5255 [ Fax: 716.636.7606 ( www.haganwillig.coin FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 worsen; failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and complaints; failing to treat Plaintiff in accordance with that degree of skill and care required under the circumstances then and there existing; failing to give proper acute emergent care; and in otherwise being negligent, careless and reckless in connection with the care and treatment rendered to Plaintiff. 53. As a direct result of the carelessness, negligence and lack of skill of Defendant ANDREW J. ECKERT, M.D., in treating and caring for Plaintiff, and without any fault or negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all to Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other courts which might otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT TATIANA V. BOYKO, M.D. 54. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "53" paragraphs through above as if fullyset forth herein. 55. At all times hereinafter mentioned, Defendant TATIANA V. BOYKO, M.D. represented herself as a competent physician, with sufficient knowledge, skilland expertise as a PlaintiQ' doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and accepted standards. 56. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under the treatment and professional medical care of Defendant TATIANA V. BOYKO, M.D. at ECMCC for acute medical injuries following a motor vehicle accident. 57. During said time, Defendant, TATIANA V. BOYKO, M.D. did not use reasonable care and failed to meet good and accepted standards of practice in the medical community in treating and recommending and/or securing emergent care procedures for the 11 HOGANWILLIG Attorneys atLaw 2410 NORTH FOREST ROAD | SUITE 301 | AMHERST, NEW YORK 14068 ( Toll Free: 800,636.5255 ( Fsx: 716.636.7606 ( www.hoganwillig.corn Phone: 716.636.7600 FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 Plaintiff. 58. Defendant, TATIANA V. BOYKO, M.D. in undertaking the emergent care and treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with accepted medical customs and practices; failed to seek the appropriate and medically indicated evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff s acute complaints of neck pain, numbness and generalized weakness in all extremities; failing to properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting and allowing the medical condition of Plaintiff to deteriorate, become aggravated and progressively worsen; failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and complaints; failing to treat Plaintiff in accordance with that degree of skill and care required under the circumstances then and there existing; failing to give proper acute emergent care; and in otherwise being negligent, careless and reckless in connection with the care and treatment rendered to Plaintiff. 59. As a direct result of the carelessness, negligence and lack of skill of Defendant TATIANA V. BOYKO, M.D., in treating and caring for Plaintiff, and without any fault or negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuries, all to Plaintiff's damage in an amount which exceeds the jurisdictional limits of allother courts which might otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT CHARLES WILES3 M.D. 60. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" "59" paragraphs through above as iffully set forth herein. 12 HOG ANWILLIG Attorneys at Law 2410 NORTHIiDRESTROAD| sUITE391 | AMHERsT, NEW YORK14068 Phoae: 716.636.7600 ( Toll Free: 800.636.5255 ( Faxt 716.636.7606 i www.hoganwillig.corn FILED: ERIE COUNTY CLERK 05/07/2018 02:27 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 05/07/2018 61. At all times hereinafter mentioned, Defendant CHARLES WILES, M.D. represented himself as a competent physician, with sufficient knowledge, skilland expertise as a doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with good and accepted standards. 62. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room under the treatment and professional medical care of Defendant CHARLES WILES, M.D. at ECMCC for acute medical injuries following a motor vehicle accident. 63. During said time, Defendant, CHARLES WILES, M.D. did not use reasonable care and failed to meet good and accepted standards of practice in the medical community in treating and recommending and/or securing emergent care procedures to the Plaintiff. 64. Defendant, CHARLES WILES, M.D. in undertaking the emergent care and treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malpractice in failing to properly evaluate Plaintiff's condition; failing to treat Plaintiff in accordance with accepted medical customs and practices; failed to seek the appropriate and medically indicated evaluations and/or consults; negligently failing to immediately order an MRI based on Plaintiff's acute complaints of neck pain, numbness and generalized weakness in all extremities; failing to properly monitor Plaintiff's conditi