On December 31, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Carlton L. Moitt Jr. As Administrator Of The Estate Of Cynthia Moitt,
and
Elena Vezza Md,
Throgs Neck Operating Co.Llc,
Throgs Neck Rehabilitation & Nursing Center,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Bronx County.
Preview
DWYER & TAGLIA
ATTORNEYS AT LAW
115 E. STEVENS AVENUE
VALHALLA, NEW YORK 10595
TELEPHONE (212) 227-6000
FAX (212) 227-6050
www.dwyertaglia.com
PETER R. TAGL1A Please send all mail to
GARY J. DWYER Valhalla address only. MANHATTAN OFFICE
OF COUNSEL 11 BROADWAY, SUITE 910
MARGARET M. COMPERIATI June 7, 2021 NEw yORs. NEw yORx 10004
Gersowitz Libo & Korek, P.C.
12d'
111 Broadway, Floor
New York, New York 10006
Attention: Michael A. Fruhling, Esq.
Re: MOITT v. THROG NECK OPERATING CO., LLC.
Dear Mr. Fruhling:
I have several objections to the Bill of Particulars, dated May 28, 2021, served as to our
client, Dr. Elena Vezza. These include: i) the assertion of the identical allegations of malpractice
set forth in the Bill of Particulars, dated May 7, 2019, served as to the nursing home; ii) the
failure to provide any basis for the informed consent claim; iii) the failure to identify the basis of
the alleged violations of statutes and regulations; and iv) the failure to identify the pleaded claim
reckless."
Dr. Vezza's conduct was "wanton, reckless, malicious and
The allegations as to Dr. Vezza include ones based on nursing home functions relating to
hygiene, nutrition, hydration, daily skin care, routine nursing assessments turning/repositioning,
maintaining a sterile/clean environment, monitoring for redness or broken areas during
toileting/diaper changes, changing of bedding, etc. In fact, it is alleged that Dr. Vezza was
negligent in failing to notify a physician of the decedent's wound (even though she was the
assigned physician at the nursing home).
The assertion of Dr. Vezza's alleged violations of NYS statutes, federal laws, and federal
regulations ignores that these pertain to institutions. 10 NYCRR § 415 and 42 C.F.R. § 483
expressly apply only to facilities. I was unable to find a single case allowing a claim based on
them as to a physician who treats someone in a nursing home or a rehabilitation center.
Please advise if you will provide a further bill of particulars or withdraw the cited claims.
I would also request documentation of the alleged nearly $500,000 in special damages, a
complete disclosure, including authorizations, of the decedent's care prior to and subsequent to
the alleged malpractice, and responses to the various demands that were filed in March 2021.
DWYER & TAGLIA
ATTORNEYS AT LAW
Yours trul
ete . aglia
PRT/jl
cc: Theresa Scotto-Lavino, Esq.
Lewis Johs Avallone Avilles, LLP
Document Filed Date
October 28, 2021
Case Filing Date
December 31, 2020
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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DWYER & TAGLIA ATTORNEYS AT LAW 115 E. STEVENS AVENUE VALHALLA, NEW YORK 10595 TELEPHONE (212) 227-6000 FAX (212) 227-6050 www.dwyertaglia.com PETER R. TAGL1A Please send all mail to GARY J. DWYER Valhalla address only. MANHATTAN OFFICE OF COUNSEL 11 BROADWAY, SUITE 910 MARGARET M. COMPERIATI June 7, 2021 NEw yORs. NEw yORx 10004 Gersowitz Libo & Korek, P.C. 12d' 111 Broadway, Floor New York, New York 10006 Attention: Michael A. Fruhling, Esq. Re: MOITT v. THROG NECK OPERATING CO., LLC. Dear Mr. Fruhling: I have several objections to the Bill of Particulars, dated May 28, 2021, served as to our client, Dr. Elena Vezza. These include: i) the assertion of the identical allegations of malpractice set forth in the Bill of Particulars, dated May 7, 2019, served as to the nursing home; ii) the failure to provide any basis for the informed consent claim; iii) the failure to identify the basis of the alleged violations of statutes and regulations; and iv) the failure to identify the pleaded claim reckless." Dr. Vezza's conduct was "wanton, reckless, malicious and The allegations as to Dr. Vezza include ones based on nursing home functions relating to hygiene, nutrition, hydration, daily skin care, routine nursing assessments turning/repositioning, maintaining a sterile/clean environment, monitoring for redness or broken areas during toileting/diaper changes, changing of bedding, etc. In fact, it is alleged that Dr. Vezza was negligent in failing to notify a physician of the decedent's wound (even though she was the assigned physician at the nursing home). The assertion of Dr. Vezza's alleged violations of NYS statutes, federal laws, and federal regulations ignores that these pertain to institutions. 10 NYCRR § 415 and 42 C.F.R. § 483 expressly apply only to facilities. I was unable to find a single case allowing a claim based on them as to a physician who treats someone in a nursing home or a rehabilitation center. Please advise if you will provide a further bill of particulars or withdraw the cited claims. I would also request documentation of the alleged nearly $500,000 in special damages, a complete disclosure, including authorizations, of the decedent's care prior to and subsequent to the alleged malpractice, and responses to the various demands that were filed in March 2021. DWYER & TAGLIA ATTORNEYS AT LAW Yours trul ete . aglia PRT/jl cc: Theresa Scotto-Lavino, Esq. Lewis Johs Avallone Avilles, LLP