Preview
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
A
EXHIBIT
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
F LED : ERIE COUNTY CLERK 07 /O 6 /2015 04 : 2 9 PB
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
flMOTHY WOJDAN
31 Long Avenue
Cheektowaga. New York 14225,
Plaintiff, SUMMONS
Index No. 8
ERIE COUNTY MEDICAL CENTER CORPORATION
462 Grider Street
Buffalo, New York 14215
WILUAM DICE, MA 5
462 Grider 5treet
ButTalo. New Yo& 142:5
ANDREW 1 ECKERT, M.D.
462 Grider Street
Buffalo. New York 142:5
TATIANA V. BOYKO, M.D.
462 Grider Street
Buf falo, New York 14215
CHARLES WILES. M D.
462 Grider Street
DutTalo, New York I42 15
TO THE ABOVE NAMED DEFENDANT:
YOU ARF HEREBY SUMMONED to answer the cornplaint in this action. and
a of your answer, or. if the complaint is not served with a summons, to serve a
copy
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
failure to appear or answer, judgment will he taken against you by default for the relief
demanded in thecomplaint
Ene County is designated as the place of trialon the basis of the Plaintiffs residence at
31 Long Avenue, Cheektowaga, New York 14225.
DATED: July 6.2015
HOGANWiLLIG, PLLC
Randy C. Mallaber Esq.
Attorneys r Plaimig
2410 North Forest Road, Suite 301
Amherst, New York 14068
636- 600
(716)
f
HocaNW1Luc
Attorneys
at Law
2419NOR11ifFORFET ROAD 1 SOTE301 ; AMMERST, 5 ES YORK 14068
Phone:4636.7698 | TelFree:800.6363255I Far
716A%.7606 www.bognawiltig.com
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
STATE OF NEW Y ORK
SUPREME COURT : COUNTY OF ERIE
TIMOTHY WOJDAN
Plaintiff, COMPLAINT
vs
Index No, a ce m
ERIE COUNTY MEDICAL CENTER CORPORATION.
WILLIAM DICE, M.D,
ANDREW 1 ECKERT, M.D.,
TAT1ANA V. BOYKO, M.D. and
CIIARLES WIL1!S. M D.
Defendants,
Plaintiff, TIMOTHY WOJDAN, by and through his attomeys, HoganWillig, P
and for his Complaint against the Defendant, allege as follows:
1. At all times hereinafter mentioned, the Plaintiff TIMOTHY WOJDAN,
still is a resident of the County of Erie, State of New York.
2. Upon information and belief, Defendant WILLIAM DICE, M.D. was and
medical doctor and physician duly licensed to practice his profession in the State of N
with a principal place of business located at 462 Grider Street, Buffalo, New York 14215
3. Upon information and helief, and at all times hereinafter mentioned, D
WILLIAM DICE, M.D. held himself out as duly qualified to rer der proper and adequate
care, treatment, and services to members of the general public, itcluding Timothy Wojdart
4. Upon information and belief, at all times herein n:entioned, Defendant W
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
a medical doctor and physician duly licensed to practice his profession in the State of N
with a principal place of business located at 462 Grider 8treet, Buffalo, New York 14215.
12. Upon information and belief, and at all times bereinafter mentioned, D
CHARLES WILES, M.D held himself out as duly qualified to render proper and
medical care. treatment, and services to members of the general public. including
Wojdan.
13. Upon information and belief, at all times herein mentioned, Defendant CH
WILES, M.D. was acting individually and/or within the scope of his authority,
agency, and/or employment with Defendant ECMCC in rendering
medical care, treatm
services to Timothy Wojdan.
14, Upon information and belief, at all times hereirnfter memioned, Defendant
COUNTY MEDICAL CENTER CORPORATION ("ECMCC") was and is a cor
organized and existing pursuant to the laws of the State of New York, and licensed by
York State Department of Health to operate a hospital facility knovm as Erie County
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 memioned, D
ECMCC, its agems, servants, and/or employees, operated, maintained, managed and
exclusive control of said hospital, which held itself out as a hospital qualified and
duly
of rendering care and treatment to the members of the general public, including, but not
to, Wojdan, and for such purposes hired doctors, nurses, residems, an
Timothy
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
WILLIAM DICE, M.D. is and we a member, associate, employee, agent, and or
Defendant ECMCC.
17. Upon information and belief, and at all times hereinafter mentioned
ANDREW 1 ECKEKf, M.D. is and was a member, associate, employee, agent, and/or
of Defendam ECMCC
8 Upon information and belief, and at all times nereinafter mentioned,
TATIANA V. BOYKO, M D. is and was a member, associate, employee, agent, and/or
of Defendant ECMCC.
19. Upon information and belief, and at all times nereinafter mentioned,
CHARLES WILES, M.D. is and was a member, associate, employee, agent, and/or
Defendant ECMCC.
20. On or about February 24, 2015, Plaintiff, Timothy Wojdan served a Lat
of Claim upon ECMCC in compliance with the New York State General Municipal
Order of the Court.
2L On or about May 13, 2015, a 50-b hearing was conducted pursuant to
Municipal Law § 50-h.
22. More than days have passed since Plaintiff served a Notice of Claim
thirty
50-h hearing has been completed, but Defendant ECMCC has failed and refused
Plaimiff s claim.
23. On or about May 6, 2014, Plaintiff was taken by ambulance to ECMCC
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
DICE, M.D.
34 Upon information and belief; at all times herein mentioned, Defendant
responsible for the negligent, careless and reckless actions of Defendant
vicariously
1 ECKERT, M D.
35. Upon infonnation and belief, at all times herein mentioned, Defendam
responsible for the negligent, careless and reckless actions of Defendant
vicariously
V. BOYKO, M D.
36. Upon information and belief, at all times herein mentioned, Defendam
vicariously responsible for the negligent, careless and reckless actions of Defendant C
WILES, M.D.
37. By virtue of the application of one or more sect ons of Article 16, Secuon
Civil Practice Law and Rules, the limitations on liability imposed in that Article do no
the causes of action contained herein.
AS AND FOR A FIRST CAUSE OF ACTION AGALNST
DEFENDANT WILLIAM DICE. M.D.
38. Plaintiff repeats, reiterates and realleges each and every allegation con
"I" through"37"
paragraphs above as if fully set forth herein.
39. At all times hereinafter mentioned, Defendant WILLIAM DICE
represented himself as a competent physician, with sufficient knowledge, skill and exper
doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
confidence on the part of Plaintiff directed toward Defendant WILLLui DICE, M.D.
4L During said time, Defendant WILLIAM DICE, M D did not use reasonable
and failed to meet good and accepted standards of practice in the medical community in
and recommending procedures to Plaintiff
42. Upon information and belief, Plaintiff was taken by ambulance to the Em
Room at ECMCC following a motor vehicle accident with senous injuries including n
with associated numbness in all extremities and partial paralysis of the lower extremities.
43. Upon information and belief, on or about May 4 2014 Plaintiff was asse
Defendant WILLIAM DICE, M.D upon arrival to the ECMCC emergency room.
44. PlaintiiT was admitted with acute complaints of neck pain and gen
weakness in all extremities after the motor vehicle accident
45s Defendant, WILLIAM DICE, M.D. was negligent in his failure to seek
neurosurgeon evaluation and/or consultation of the Plaintiff based on the severity of P
complaints and injuries.
46. Defendant WILLIAM DICE, M.D, was negligem and committed
malpractice in failing to recommend a neurosurgeon evaluation and/or consukation
after a cluncal impression of polytrauma and spinal cord njuw: and in otherwise
careless and reckless in connection with the care and treatment rendered to Plain
negligent,
47. As a direct result of the carelessness, negligence and lack of skill of D
WILLIAM DICE, M D., in treating and caring for Plaintiff, and without any fault or neg
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
AS AND FOR A SECOND CAUSE OF ACTION AGAINST
DEFENDANT ANDREW J, ECKERT, M.D.
48, Plaintiff repeats reiterates and realleges each ond every allegation contain
"l" "47"
paragraphs through above as if fully set forth herein.
49. At all times hereinafter mentioned, Defendam ANDREW J. ECRERT,
represented himself as a competent physician, with sufficient knowledge, skill and expertise
doctor to treat patients, including Plaintiff Timothy Wojdam in accordance with go
accepted standards.
50. On or about May 6, 2014, Plaintiff was a patiem in the Emergency Room
the treatment and professional medical care of Defendant ANDREW J ECKERT.
ECMCC for acute medical injuries following a motor vehicle accident.
51. During said time, Defendant, ANDREW J ECKERT, M.D. did
reasonable care and failed to meet good and accepted standards of practice in the
in and and/or ernergent care procedures
community treating recommending securing
Plaintiff.
52. Defendant, ANDREW J. ECKERT, M.D. in undertaking the emergent
treaunent of Plaintiff on or about was negligent ard committed acts of malp
May 6, 2014,
in to evaluate Plaintiff s condition; failing to treat Plaintiff in accordance
failing properly
accepted medical customs and practices; failed to seek the appropriate and medically i
evaluations and/or consults; negligently failing to immediately order an MRI based on Pl
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
worsen; to recognize and heed Plaintiff's objective and subjective symptom
failing signs,
complaints; failing to treat Plaintiff in accordance with that cegree of skill and care
under the circumstances then and there existing; to give pmper acute emergent c
failing
in otherwise being negligent, careless and reckless in conneerion wnh the care and tr
rendered to Plaintiff.
53. As a direct result of the carelessness, negligence and lack of skill of De
ANDREW J. ECKERT, M D., in treating and canng for Phdntiff, and without any
negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuri
to Plaintiffs damage in an amount which exceeds the jurisdictional limits of all other
which might otherwise have jurisdiction,
AS AND FOR A THIRD CAUSE OF ACTION AG AINST
DEFENDANT TATLANA V. BOYKO, M.D.
54. Plaintiff repeats, reiterates and realleges each and every allegation comain
"1" "53"
paragraphs through above as if set forth herein.
ftdly
55. At all times hereinafter mentioned, Defendam TATULNA V. BOYKO,
represented herself as a competent physician, with sufficient knowledge, skill and expertise
doctor to treat patients, including Plaintiff Timothy Wojdan. in accordance with go
accepted standards.
56. On or about
May 6, 2014, PlaintifT was a patient in the Emergency Room
the treatmem and professional medical care of Defendant TATIANA V. BOYKO
ECMCC for acute medical injuries following a motor vehicle accident.
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
Plaintiff.
58. Defendant. IATIANA V. BOYKO, M.D. in undertaking the emergent
treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malp
in to evaluate Plaintiff s condition; to weat Plaintiff in accordance
failing properly failing
accepted medical customs and practices; failed to seek the appmpriate and medicaBy
evaluations and/or consults; negligently faibng to unmediatelv order an MRI based on P
acute complaints of neck pain, numbness and generalized weakness in all extremities;
properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting
allowing the medical condition of Plaintiff to deteriorate. become aggravated and progres
worsen; failing to recognize and heed PlaintifPs objective and subjective signs, symptom
complaints; failing to :reat Plainuff m accordance with that degree or aill and care
under the circumstances then and there existing; failing to give proper acute emergent
in otherwise negligent, careless and reckless in connection with the care and t
being
rendered to Plaintiff.
59. As a direct result of the carelessness, negligence and lack of skill of De
TATIANA V. BOYKO, M.D, in treating and caring for Plaintiff, and without any
negligence of Plaintiff thereto, Plaintiff suffered debilitating and painful injur
eontributing
to Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other
which might otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
61. At all times heremafter mentioned, Defendant CHARLES WILES,
represented himself as a competent physician. with sufficient skill and expertis
knowledge,
doctor to treat patients, Plaintiff Wojdan, in accordance with g
including Timothy
accepted standards.
62. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room
the treaanent and professional medical care of Defendant CIlARLES WILES, M.D. at
for acute medical injuries a motor vehicle accident.
following
63. During said time, Defendant, CHARLES WILES, M D. did not use rea
care and failed to meet good and accepted standards of practice in the medical commun
and and/or emergent care procedures to the PlaimifE
treating recommending securing
64. Defendant, CHARLES W1LES, M.D. in undertaking the emergem
treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malp
in failing to propedy evaluate Plaintiffs condition; failing to treat Plaintiff in accordance
accepted medical customs and practices; failed to seek the appropriate and medically
evaluations and/or consults; negligently faibng to immediately order an MRI based on P
acute complaints of neck pain, numbness and generalized weakness in all extremmes:
propedy monitor Plaintiff s condition subsequent to initial assessment; causing, permitting
allowing the medical condition of Plaintiff to deteriorate, become aggravated and progress
worsen; failing to recognize and heed Plaintiffs objective and subjective signs, symptom
complamts; failmg to treat Plaintiff in accordance with that degree of skill and care
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018
F LED: ERIE COUNTY CLERK 07 /06 /2015 04: 2 9 PM1
STATE OF NEW YORK
SUPREME COURT : COINTY OF ERIE
TIMOTHY WOJDAN
TStairitiff CERTIFICATE OF MERIT
vs.
ndex No. 80011o /2 c is
ERIE COUNTY MEDICAL CENTER CORPORATION.
WILLIAM DICE. M.D,.
ANDREW 1 FCKERT, M.D
TATIANA V. BOYKO. M.D. and
CIIARLES W1LES, M.D
Defendants.
Randy C, Mallaber, Esq., attorney for thePlaintift does hert by certifythat:
1. I am an attorney at law duly licensed to practice my profession in the State of New
York and am associated with the law fam of HogaoWillig, which maintains offices at 2410 North
Forest Road, Suite 301, Amherst, New York.
2. I have reviewed the facts of thiscase and have consulted with at least one physician
who islicensed to practicein theState ofNew York, and whom I reasonably believe is knowledgeable
in the relevant issues involved in thisparticular action,and thatI have concluded on the basis of that
review and consultation that thereisa reasonable basis forthe commencement of thisactica
Dated: July 6, 2015
Amherst, New York HOGANWILLIG, PLLC
andy C Mallaoer Esq.
Attorneys f hrPi zintig
2410 North Fores: Road, Ste. 30:
'
Amherst, New ork H068
(716) 636-7600
HocAxWitue
Attorneyt
at Law
2410NORTH FORAM ROAD SUITE 301 AMHEMSL NEW )ORA 14068
Phone:7164363680 t Toll Free:806A36.5255
Fax:716436.7606 1 www.hogamwnlgzom
Preview
FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 A EXHIBIT FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 F LED : ERIE COUNTY CLERK 07 /O 6 /2015 04 : 2 9 PB STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE flMOTHY WOJDAN 31 Long Avenue Cheektowaga. New York 14225, Plaintiff, SUMMONS Index No. 8 ERIE COUNTY MEDICAL CENTER CORPORATION 462 Grider Street Buffalo, New York 14215 WILUAM DICE, MA 5 462 Grider 5treet ButTalo. New Yo& 142:5 ANDREW 1 ECKERT, M.D. 462 Grider Street Buffalo. New York 142:5 TATIANA V. BOYKO, M.D. 462 Grider Street Buf falo, New York 14215 CHARLES WILES. M D. 462 Grider Street DutTalo, New York I42 15 TO THE ABOVE NAMED DEFENDANT: YOU ARF HEREBY SUMMONED to answer the cornplaint in this action. and a of your answer, or. if the complaint is not served with a summons, to serve a copy FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 failure to appear or answer, judgment will he taken against you by default for the relief demanded in thecomplaint Ene County is designated as the place of trialon the basis of the Plaintiffs residence at 31 Long Avenue, Cheektowaga, New York 14225. DATED: July 6.2015 HOGANWiLLIG, PLLC Randy C. Mallaber Esq. Attorneys r Plaimig 2410 North Forest Road, Suite 301 Amherst, New York 14068 636- 600 (716) f HocaNW1Luc Attorneys at Law 2419NOR11ifFORFET ROAD 1 SOTE301 ; AMMERST, 5 ES YORK 14068 Phone:4636.7698 | TelFree:800.6363255I Far 716A%.7606 www.bognawiltig.com FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 STATE OF NEW Y ORK SUPREME COURT : COUNTY OF ERIE TIMOTHY WOJDAN Plaintiff, COMPLAINT vs Index No, a ce m ERIE COUNTY MEDICAL CENTER CORPORATION. WILLIAM DICE, M.D, ANDREW 1 ECKERT, M.D., TAT1ANA V. BOYKO, M.D. and CIIARLES WIL1!S. M D. Defendants, Plaintiff, TIMOTHY WOJDAN, by and through his attomeys, HoganWillig, P and for his Complaint against the Defendant, allege as follows: 1. At all times hereinafter mentioned, the Plaintiff TIMOTHY WOJDAN, still is a resident of the County of Erie, State of New York. 2. Upon information and belief, Defendant WILLIAM DICE, M.D. was and medical doctor and physician duly licensed to practice his profession in the State of N with a principal place of business located at 462 Grider Street, Buffalo, New York 14215 3. Upon information and helief, and at all times hereinafter mentioned, D WILLIAM DICE, M.D. held himself out as duly qualified to rer der proper and adequate care, treatment, and services to members of the general public, itcluding Timothy Wojdart 4. Upon information and belief, at all times herein n:entioned, Defendant W FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 a medical doctor and physician duly licensed to practice his profession in the State of N with a principal place of business located at 462 Grider 8treet, Buffalo, New York 14215. 12. Upon information and belief, and at all times bereinafter mentioned, D CHARLES WILES, M.D held himself out as duly qualified to render proper and medical care. treatment, and services to members of the general public. including Wojdan. 13. Upon information and belief, at all times herein mentioned, Defendant CH WILES, M.D. was acting individually and/or within the scope of his authority, agency, and/or employment with Defendant ECMCC in rendering medical care, treatm services to Timothy Wojdan. 14, Upon information and belief, at all times hereirnfter memioned, Defendant COUNTY MEDICAL CENTER CORPORATION ("ECMCC") was and is a cor organized and existing pursuant to the laws of the State of New York, and licensed by York State Department of Health to operate a hospital facility knovm as Erie County 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 memioned, D ECMCC, its agems, servants, and/or employees, operated, maintained, managed and exclusive control of said hospital, which held itself out as a hospital qualified and duly of rendering care and treatment to the members of the general public, including, but not to, Wojdan, and for such purposes hired doctors, nurses, residems, an Timothy FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 WILLIAM DICE, M.D. is and we a member, associate, employee, agent, and or Defendant ECMCC. 17. Upon information and belief, and at all times hereinafter mentioned ANDREW 1 ECKEKf, M.D. is and was a member, associate, employee, agent, and/or of Defendam ECMCC 8 Upon information and belief, and at all times nereinafter mentioned, TATIANA V. BOYKO, M D. is and was a member, associate, employee, agent, and/or of Defendant ECMCC. 19. Upon information and belief, and at all times nereinafter mentioned, CHARLES WILES, M.D. is and was a member, associate, employee, agent, and/or Defendant ECMCC. 20. On or about February 24, 2015, Plaintiff, Timothy Wojdan served a Lat of Claim upon ECMCC in compliance with the New York State General Municipal Order of the Court. 2L On or about May 13, 2015, a 50-b hearing was conducted pursuant to Municipal Law § 50-h. 22. More than days have passed since Plaintiff served a Notice of Claim thirty 50-h hearing has been completed, but Defendant ECMCC has failed and refused Plaimiff s claim. 23. On or about May 6, 2014, Plaintiff was taken by ambulance to ECMCC FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 DICE, M.D. 34 Upon information and belief; at all times herein mentioned, Defendant responsible for the negligent, careless and reckless actions of Defendant vicariously 1 ECKERT, M D. 35. Upon infonnation and belief, at all times herein mentioned, Defendam responsible for the negligent, careless and reckless actions of Defendant vicariously V. BOYKO, M D. 36. Upon information and belief, at all times herein mentioned, Defendam vicariously responsible for the negligent, careless and reckless actions of Defendant C WILES, M.D. 37. By virtue of the application of one or more sect ons of Article 16, Secuon Civil Practice Law and Rules, the limitations on liability imposed in that Article do no the causes of action contained herein. AS AND FOR A FIRST CAUSE OF ACTION AGALNST DEFENDANT WILLIAM DICE. M.D. 38. Plaintiff repeats, reiterates and realleges each and every allegation con "I" through"37" paragraphs above as if fully set forth herein. 39. At all times hereinafter mentioned, Defendant WILLIAM DICE represented himself as a competent physician, with sufficient knowledge, skill and exper doctor to treat patients, including Plaintiff Timothy Wojdan, in accordance with FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 confidence on the part of Plaintiff directed toward Defendant WILLLui DICE, M.D. 4L During said time, Defendant WILLIAM DICE, M D did not use reasonable and failed to meet good and accepted standards of practice in the medical community in and recommending procedures to Plaintiff 42. Upon information and belief, Plaintiff was taken by ambulance to the Em Room at ECMCC following a motor vehicle accident with senous injuries including n with associated numbness in all extremities and partial paralysis of the lower extremities. 43. Upon information and belief, on or about May 4 2014 Plaintiff was asse Defendant WILLIAM DICE, M.D upon arrival to the ECMCC emergency room. 44. PlaintiiT was admitted with acute complaints of neck pain and gen weakness in all extremities after the motor vehicle accident 45s Defendant, WILLIAM DICE, M.D. was negligent in his failure to seek neurosurgeon evaluation and/or consultation of the Plaintiff based on the severity of P complaints and injuries. 46. Defendant WILLIAM DICE, M.D, was negligem and committed malpractice in failing to recommend a neurosurgeon evaluation and/or consukation after a cluncal impression of polytrauma and spinal cord njuw: and in otherwise careless and reckless in connection with the care and treatment rendered to Plain negligent, 47. As a direct result of the carelessness, negligence and lack of skill of D WILLIAM DICE, M D., in treating and caring for Plaintiff, and without any fault or neg FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT ANDREW J, ECKERT, M.D. 48, Plaintiff repeats reiterates and realleges each ond every allegation contain "l" "47" paragraphs through above as if fully set forth herein. 49. At all times hereinafter mentioned, Defendam ANDREW J. ECRERT, represented himself as a competent physician, with sufficient knowledge, skill and expertise doctor to treat patients, including Plaintiff Timothy Wojdam in accordance with go accepted standards. 50. On or about May 6, 2014, Plaintiff was a patiem in the Emergency Room the treatment and professional medical care of Defendant ANDREW J ECKERT. ECMCC for acute medical injuries following a motor vehicle accident. 51. During said time, Defendant, ANDREW J ECKERT, M.D. did reasonable care and failed to meet good and accepted standards of practice in the in and and/or ernergent care procedures community treating recommending securing Plaintiff. 52. Defendant, ANDREW J. ECKERT, M.D. in undertaking the emergent treaunent of Plaintiff on or about was negligent ard committed acts of malp May 6, 2014, in to evaluate Plaintiff s condition; failing to treat Plaintiff in accordance failing properly accepted medical customs and practices; failed to seek the appropriate and medically i evaluations and/or consults; negligently failing to immediately order an MRI based on Pl FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 worsen; to recognize and heed Plaintiff's objective and subjective symptom failing signs, complaints; failing to treat Plaintiff in accordance with that cegree of skill and care under the circumstances then and there existing; to give pmper acute emergent c failing in otherwise being negligent, careless and reckless in conneerion wnh the care and tr rendered to Plaintiff. 53. As a direct result of the carelessness, negligence and lack of skill of De ANDREW J. ECKERT, M D., in treating and canng for Phdntiff, and without any negligence of Plaintiff contributing thereto, Plaintiff suffered debilitating and painful injuri to Plaintiffs damage in an amount which exceeds the jurisdictional limits of all other which might otherwise have jurisdiction, AS AND FOR A THIRD CAUSE OF ACTION AG AINST DEFENDANT TATLANA V. BOYKO, M.D. 54. Plaintiff repeats, reiterates and realleges each and every allegation comain "1" "53" paragraphs through above as if set forth herein. ftdly 55. At all times hereinafter mentioned, Defendam TATULNA V. BOYKO, represented herself as a competent physician, with sufficient knowledge, skill and expertise doctor to treat patients, including Plaintiff Timothy Wojdan. in accordance with go accepted standards. 56. On or about May 6, 2014, PlaintifT was a patient in the Emergency Room the treatmem and professional medical care of Defendant TATIANA V. BOYKO ECMCC for acute medical injuries following a motor vehicle accident. FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 Plaintiff. 58. Defendant. IATIANA V. BOYKO, M.D. in undertaking the emergent treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malp in to evaluate Plaintiff s condition; to weat Plaintiff in accordance failing properly failing accepted medical customs and practices; failed to seek the appmpriate and medicaBy evaluations and/or consults; negligently faibng to unmediatelv order an MRI based on P acute complaints of neck pain, numbness and generalized weakness in all extremities; properly monitor Plaintiff's condition subsequent to initial assessment; causing, permitting allowing the medical condition of Plaintiff to deteriorate. become aggravated and progres worsen; failing to recognize and heed PlaintifPs objective and subjective signs, symptom complaints; failing to :reat Plainuff m accordance with that degree or aill and care under the circumstances then and there existing; failing to give proper acute emergent in otherwise negligent, careless and reckless in connection with the care and t being rendered to Plaintiff. 59. As a direct result of the carelessness, negligence and lack of skill of De TATIANA V. BOYKO, M.D, in treating and caring for Plaintiff, and without any negligence of Plaintiff thereto, Plaintiff suffered debilitating and painful injur eontributing to Plaintiff's damage in an amount which exceeds the jurisdictional limits of all other which might otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 61. At all times heremafter mentioned, Defendant CHARLES WILES, represented himself as a competent physician. with sufficient skill and expertis knowledge, doctor to treat patients, Plaintiff Wojdan, in accordance with g including Timothy accepted standards. 62. On or about May 6, 2014, Plaintiff was a patient in the Emergency Room the treaanent and professional medical care of Defendant CIlARLES WILES, M.D. at for acute medical injuries a motor vehicle accident. following 63. During said time, Defendant, CHARLES WILES, M D. did not use rea care and failed to meet good and accepted standards of practice in the medical commun and and/or emergent care procedures to the PlaimifE treating recommending securing 64. Defendant, CHARLES W1LES, M.D. in undertaking the emergem treatment of Plaintiff on or about May 6, 2014, was negligent and committed acts of malp in failing to propedy evaluate Plaintiffs condition; failing to treat Plaintiff in accordance accepted medical customs and practices; failed to seek the appropriate and medically evaluations and/or consults; negligently faibng to immediately order an MRI based on P acute complaints of neck pain, numbness and generalized weakness in all extremmes: propedy monitor Plaintiff s condition subsequent to initial assessment; causing, permitting allowing the medical condition of Plaintiff to deteriorate, become aggravated and progress worsen; failing to recognize and heed Plaintiffs objective and subjective signs, symptom complamts; failmg to treat Plaintiff in accordance with that degree of skill and care FILED: ERIE COUNTY CLERK 11/07/2018 12:53 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 11/07/2018 F LED: ERIE COUNTY CLERK 07 /06 /2015 04: 2 9 PM1 STATE OF NEW YORK SUPREME COURT : COINTY OF ERIE TIMOTHY WOJDAN TStairitiff CERTIFICATE OF MERIT vs. ndex No. 80011o /2 c is ERIE COUNTY MEDICAL CENTER CORPORATION. WILLIAM DICE. M.D,. ANDREW 1 FCKERT, M.D TATIANA V. BOYKO. M.D. and CIIARLES W1LES, M.D Defendants. Randy C, Mallaber, Esq., attorney for thePlaintift does hert by certifythat: 1. I am an attorney at law duly licensed to practice my profession in the State of New York and am associated with the law fam of HogaoWillig, which maintains offices at 2410 North Forest Road, Suite 301, Amherst, New York. 2. I have reviewed the facts of thiscase and have consulted with at least one physician who islicensed to practicein theState ofNew York, and whom I reasonably believe is knowledgeable in the relevant issues involved in thisparticular action,and thatI have concluded on the basis of that review and consultation that thereisa reasonable basis forthe commencement of thisactica Dated: July 6, 2015 Amherst, New York HOGANWILLIG, PLLC andy C Mallaoer Esq. Attorneys f hrPi zintig 2410 North Fores: Road, Ste. 30: ' Amherst, New ork H068 (716) 636-7600 HocAxWitue Attorneyt at Law 2410NORTH FORAM ROAD SUITE 301 AMHEMSL NEW )ORA 14068 Phone:7164363680 t Toll Free:806A36.5255 Fax:716436.7606 1 www.hogamwnlgzom