Preview
FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------x
AMPARO SADLER, etc.,
Plaintiff/Petitioner,
- against - Index No.
ZAR CHI WIN, M.D., et. al.
Defendant/Respondent.
-------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
• If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
• If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
l_f you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• and your documents
serving filing electronically
• free access to view and print your e-filed documents
• your number of trips to the courthouse
limiting
• court fees on-line (credit card
paying any needed)
To register for e-filing or for more information about how e-filing works:
• visit: www.nycourts.gov/efile-unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
Page 1 of 2 EFM-1
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To find legal information to help you represent yourself visitwww.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.aov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptioi-is from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with allemployees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filingand to create a NYSCEF account, visit the
NYSCEF website at www.nvcourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: efile@nycourts.gov).
Dated: 19, 2019
February
ROGER M. KUNKIS, ESQ. 14 Penn Plaza, Suite 2208
Name Address
BAUMAN & KUNKIS, P.C. New York, NY 10122
Firm Name
(212)564-3555
Phone
jkrasovsky@bknylaw.com
t--Mail
To: ZAR CHI WIN, M.D.
JAHl JOHNSON, CNA
PATRICK O'CONNELL, R.N.
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTBR, INC.
LONG ISLAND COMMUNITY HOSPITAL f/ k /a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL
6/6/18
Index # Page 2 of 2 EFM-1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------XIndex No.
Date Filed
AMPARO SADLER, individually, and as Plaintiff designates
Administratrix of the Estate of WILLIAM Suffolk County as the
THOMAS SADLER, SR., deceased, place of trial. The
The basis of the
Plaintiff, venue is defendant
BROOKHAVEN MEMORIAL
-against- HOSPITAL MEDICAL
CENTER, INC.'s
ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, principal place of
PATRICK O'CONNELL, R.N., BROOKHAVEN business
MEMORIAL HOSPITAL MEDICAL CENTER, INC. SUMMONS
and LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER,
Defendant.
--------------------------------------------X
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint is
not served with this summons, to serve a notice of appearance, on
the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after
the service is complete if this 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 relief demanded in the complaint.
Dated: New York, New York
February 19, 2019
BAUMAN & KUNKIS, P.C.
ROGER K ESQ.
Attorneys for Plaintiff
225 West 34th Street
New York, New York 10122
(212)564-3555
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TO: ZAR CHI WIN, M.D.
c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL
HOSPITAL MEDICAL CENTER
101 Hospital Road
Patchogue, NY 11772
JAHI JOHNSON, CNA,
c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL
HOSPITAL MEDICAL CENTER
101 Hospital Road
Patchogue, NY 11772
PATRICK O'CONNELL, R.N.,
c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL
HOSPITAL MEDICAL CENTER
101 Hospital Road
Patchogue, NY 11772
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC.
101 Hospital Road
Patchogue, NY 11772
LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL
HOSPITAL MEDICAL CENTER
101 Hospital Road
Patchogue, NY 11772
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------X
AMPARO SADLER, individually, and as
Administratrix of the Estate of WILLIAM
THOMAS SADLER, SR., deceased,
Plaintiff,
-against- CERTIFICATE OF
MERIT
ZAR CHI WIN, M.D., JAHI JOHNSON, CNA,
PATRICK O'CONNELL, R.N., BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC.
and LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER,
Defendants.
_______________________________-------------X
ROGER M. KUNKIS, an attorney duly admitted to practice in
the Courts of this State, affirms the following under penalties of
perjury.
I am a member of the firm of BAUMAN & KUNKIS, P.C.,
attorneys for plaintiff in the above-entitled matter, and submit
this Certificate of Merit pursuant to CPLR 3012-a.
Your affirmant has reviewed the facts of the case and has
consulted with one physician who is licensed to practice in a State
within the United States of America and your affirmant reasonably
believes that said physician is knowledgeable in the relevant issues
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involved in the particular action, and that your affirmant has
concluded on the basis of such review and consultation, that there
is a reasonable basis for the commencement of this action.
Dated: New York, New York
February 19, 2019
ROG ER M I S
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
______________----------------------------X
AMPARO SADLER, individually, and as
Administratrix of the Estate of WILLIAM
THOMAS SADLER, SR., deceased,
Plaintiff,
-against- VERIFIED COMPLAINT
ZAR CHI WIN, M.D., JAHI JOHNSON, CNA,
PATRICK O'CONNELL, R.N., BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC.
and LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER,
Defendants.
--------------------------------------------X
Plaintiff, complaining of the defendants by her attorneys
BAUMAN & KUNKIS, P.C., respectfully shows to this Court and alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. This action falls within one or more of the exceptions
set forth in CPLR 1602.
2. On or about February 14, 2019, plaintiff AMPARO
SADLER, was duly appointed by the Surrogate's Court, Suffolk County
as Administratrix of the Estate of decedent WILLIAM THOMAS SADLER,
SR., and continues to act as such Administratrix.
3. That decedent left surviving, plaintiff Amparo
Sadler, wife, Erica Sadler, Andrea Pasha-Ahmed, Debra Walton and
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Denice Walton, daughters, Joseph Sadler, son, Jennifer Bell, Erics
Bell, and Monique Forbes, granddaughters, and Frederick Forbes,
grandson, as his next-of-kin, together with others.
4. Upon information and belief, that at all the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI
MEDICAL CENTER, INC. had a principal place of business located ir
the County of Suffolk, State of New York.
5. Upon information and belief, that at all the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI
MEDICAL CENTER, INC. was a domestic not-for-profit corporation duly
organized and existing under and by virtue of the laws of the State
of New York.
6. Upon information and belief, that at all the times
hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAI
f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. was 2
domestic not-for-profit corporation duly organized and existinc
under and by virtue of the laws of the State of New York.
7. Upon information and belief, that at all the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI
MEDICAL CENTER, INC. owned a hospital located at 101 Hospital Road,
Patchogue, New York.
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8. Upon information and belief, that at all the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER, INC. operated, maintained and controlled a hospital
located at 101 Hospital Road, Patchogue, New York.
9. Upon information and belief, that at all the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER, INC. was accredited as a hospital by the U.S. Joint
Committee on Accreditation of Hospitals and promulgated rules and
regulations in accordance with such accreditation.
10. Upon information and belief, that at all of the times
hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER, INC. held itself out as a hospital, duly qualified
and capable of rendering adequate medical care and treatment to the
public, and for such purposes hired doctors, nurses, anesthetists,
attendants and other personnel.
11. Upon information and belief, that at all the times
hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. owned a
hospital located at 101 Hospital Road, Patchogue, New York.
12. Upon information and belief, that at all the times
hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAI
f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. operated,
maintained and controlled a hospital located at 101 Hospital Road,
Patchogue, New York.
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13. Upon information and belief, that at all the times
hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. was
accredited as a hospital by the U.S. Joint Committee on
Accreditation of Hospitals and promulgated rules and regulations in
accordance with such accreditation.
14. Upon information and belief, that at all of the times
hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. held itself
out as a hospital, duly qualified and capable of rendering adequate
medical care and treatment to the public, and for such purposes
hired doctors, nurses, anesthetists, attendants and other personnel.
15. Upon information and belief, that at all the times
hereinafter mentioned, defendant ZAR CHI WIN, M.D. was a physician
duly licensed to practice medicine in the State of New York.
16. Upon information and belief, that at all the times
hereinafter mentioned, defendant JAHI JOHNSON, CNA was a certified
nurse assistant duly licensed to practice medicine in the State of
New York.
17. Upon information and belief, that at all the times
hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was a
registered nurse duly licensed to practice medicine in the State of
New York.
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18. Upon information and belief, that at all the times
hereinafter mentioned, defendant ZAR CHI WIN, M.D. was an employee
of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC.
19. Upon information and belief, that at all the times
hereinafter mentioned, defendant JAHI JOHNSON, CNA was an employee
of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC.
20. Upon information and belief, that at all the times
hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was an
employee of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER,
INC.
21. Upon information and belief, that at all the times
hereinafter mentioned, defendant ZAR CHI WIN, M.D. was an employee
of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC.
22. Upon information and belief, that at all the times
hereinafter mentioned, defendant JAHI JOHNSON, CNA was an employee
of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC.
23. Upon information and belief, that at all the times
hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was an
employee of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC.
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24. That on or about April 3, 2018, plaintiff's decedent
was admitted to BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER and came
under the care and treatment of defendants ZAR CHI WIN, M.D., JAHI
JOHNSON, CAN, and PATRICK O'CONNELL, R.N.
25. That on or about April 5, 2018, plaintiff's decedent
was caused to fall while a patient thereat.
26. That on or about April 7, 2018, plaintiff's decedent
underwent left hip intramedullary hip screw with gamma nail.
27. That plaintiff's decedent died at Brookhaven
Memorial Hospital Center on April 18, 2018.
28. That defendant departed and deviated from good and
accepted medical and nursing care in the care and treatment of
plaintiff's decedent and that as a result of the negligent and
careless treatment rendered to the plaintiff's decedent, plaintiff's
decedent sustained serious injuries and conscious pain and suffering
resulting in his death on April 18, 2018.
29. That the injuries to plaintiff's decedent and their
sequelae were due to the carelessness and negligence of the
defendant in failing to treat the plaintiff's decedent in the proper
and accepted medical and nursing manner, and all without any fault
or lack of care on the part of the plaintiff's decedent herein.
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30. That defendants, their agents, servants, and/or
employees, were negligent and careless in the care and treatment
rendered to the plaintiff's decedent; in allowing the plaintiff's
decedent to fall; in failing to assist plaintiff's decedent; in
causing the plaintiff to injure his left hip; in causing plaintiff's
decedent to undergo surgical intervention; in failing to care for
and treat plaintiff in a skillful and proper manner; in that the
initial assessments were improperly performed; in failing to have
the alarms on the bed and/or chair; in failing to have the alarms
on the bed and/or chair in proper working order; in that the alarms
on the bed and chair were broken and defective; in that defendant
deviated from accepted medical and nursing standards; in failing to
properly supervise the plaintiff's decedent; in allowing the
plaintiff's decedent to be unattended; in failing to properly
restrain the plaintiff's decedent; in allowing the fall accident to
happen; in deviating and departing from good and accepted medical,
nursing and physical therapy methods and in deviating from standard
and accepted medical, nursing and physical therapy practice and
procedures in that they, among other things, failed to use ordinary
and reasonable medical care, diligence and skill, and failed to
possess the requisite degree of learning, knowledge and skill; in
failing to take a proper fall risk assessment of the patient; in
failing to have in place an adequate fall
prevention/rules/regulations; in failing to adhere to the fall
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prevention program/rules/regulations; in failing to take the
necessary safety precautions and fall prevention precautions; in
failing to order and apply proper restraints; in failing to order
and apply safety devices; in failing to supervise the patient; in
allowing the patient to fall; in failing to manage the patient; in
failing to attend to the patient; in failing to observe the patient;
in allowing the plaintiff's decedent to be left unattended; in
failing to assist the plaintiff's decedent; in that the nursing and
physical therapy staff of the defendant failed to properly restrain
and/or safeguard the patient; in providing poor and improper nursing
doctors'
care; in failing to follow orders; in failing to perform
appropriate tests; in exhibiting poor technique during examinations;
in failing to treat plaintiff's decedent in a skillful and proper
manner; in failing to take or order adequate and proper tests to
determine the nature and extent of the ailments and conditions from
which plaintiff's decedent was suffering at the time during which
treatment was rendered; in failing to order or take the proper
examinations and procedures to determine the nature and extent of
the ailments and conditions from which plaintiff's decedent was
suffering at the time during which treatment was rendered; in
causing plaintiff's decedent's demise; in failing to render the
proper treatment to plaintiff's decedent for the conditions and
ailments from which he was suffering; in failing to possess and use
that degree of diligence and skill ordinarily possessed by
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physicians in the community at the time the treatment was rendered;
in failing to use reasonable skill, care and diligence in the
exercise of professional knowledge to accomplish the purpose for
which defendant was retained; in failing to take any and all
effective and adequate measures or means to prevent further harm
and injury to plaintiff's decedent; in departing and deviating from
standard and accepted procedures then and there prevailing in the
community; in improperly planning and administering treatments to
plaintiff's decedent; in failing to take proper and reasonable
precautions for the safety and health of plaintiff's decedent; in
failing to take a proper history; in failing to order or take proper
tests; in failing to call in proper consultants; in failing to
recognize and treat the onset of complications; in failing to keep
proper records; in failing to read and respond to defendant's own
medical records; in failing to respond to the medical history of
plaintiff's decedent; in failing to study and use relevant medical
literature; in failing to properly supervise and instruct medical
personnel in diagnosis
Preview
FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------x AMPARO SADLER, etc., Plaintiff/Petitioner, - against - Index No. ZAR CHI WIN, M.D., et. al. Defendant/Respondent. -------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. • If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). • If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. l_f you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: • and your documents serving filing electronically • free access to view and print your e-filed documents • your number of trips to the courthouse limiting • court fees on-line (credit card paying any needed) To register for e-filing or for more information about how e-filing works: • visit: www.nycourts.gov/efile-unrepresented or • contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EFM-1 1 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 To find legal information to help you represent yourself visitwww.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.aov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptioi-is from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with allemployees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filingand to create a NYSCEF account, visit the NYSCEF website at www.nvcourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: 19, 2019 February ROGER M. KUNKIS, ESQ. 14 Penn Plaza, Suite 2208 Name Address BAUMAN & KUNKIS, P.C. New York, NY 10122 Firm Name (212)564-3555 Phone jkrasovsky@bknylaw.com t--Mail To: ZAR CHI WIN, M.D. JAHl JOHNSON, CNA PATRICK O'CONNELL, R.N. BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTBR, INC. LONG ISLAND COMMUNITY HOSPITAL f/ k /a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL 6/6/18 Index # Page 2 of 2 EFM-1 2 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------XIndex No. Date Filed AMPARO SADLER, individually, and as Plaintiff designates Administratrix of the Estate of WILLIAM Suffolk County as the THOMAS SADLER, SR., deceased, place of trial. The The basis of the Plaintiff, venue is defendant BROOKHAVEN MEMORIAL -against- HOSPITAL MEDICAL CENTER, INC.'s ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, principal place of PATRICK O'CONNELL, R.N., BROOKHAVEN business MEMORIAL HOSPITAL MEDICAL CENTER, INC. SUMMONS and LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Defendant. --------------------------------------------X To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this 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 relief demanded in the complaint. Dated: New York, New York February 19, 2019 BAUMAN & KUNKIS, P.C. ROGER K ESQ. Attorneys for Plaintiff 225 West 34th Street New York, New York 10122 (212)564-3555 3 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 TO: ZAR CHI WIN, M.D. c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER 101 Hospital Road Patchogue, NY 11772 JAHI JOHNSON, CNA, c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER 101 Hospital Road Patchogue, NY 11772 PATRICK O'CONNELL, R.N., c/o LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER 101 Hospital Road Patchogue, NY 11772 BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 101 Hospital Road Patchogue, NY 11772 LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER 101 Hospital Road Patchogue, NY 11772 4 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------X AMPARO SADLER, individually, and as Administratrix of the Estate of WILLIAM THOMAS SADLER, SR., deceased, Plaintiff, -against- CERTIFICATE OF MERIT ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, PATRICK O'CONNELL, R.N., BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. and LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Defendants. _______________________________-------------X ROGER M. KUNKIS, an attorney duly admitted to practice in the Courts of this State, affirms the following under penalties of perjury. I am a member of the firm of BAUMAN & KUNKIS, P.C., attorneys for plaintiff in the above-entitled matter, and submit this Certificate of Merit pursuant to CPLR 3012-a. Your affirmant has reviewed the facts of the case and has consulted with one physician who is licensed to practice in a State within the United States of America and your affirmant reasonably believes that said physician is knowledgeable in the relevant issues 5 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 involved in the particular action, and that your affirmant has concluded on the basis of such review and consultation, that there is a reasonable basis for the commencement of this action. Dated: New York, New York February 19, 2019 ROG ER M I S 6 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ______________----------------------------X AMPARO SADLER, individually, and as Administratrix of the Estate of WILLIAM THOMAS SADLER, SR., deceased, Plaintiff, -against- VERIFIED COMPLAINT ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, PATRICK O'CONNELL, R.N., BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. and LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Defendants. --------------------------------------------X Plaintiff, complaining of the defendants by her attorneys BAUMAN & KUNKIS, P.C., respectfully shows to this Court and alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. This action falls within one or more of the exceptions set forth in CPLR 1602. 2. On or about February 14, 2019, plaintiff AMPARO SADLER, was duly appointed by the Surrogate's Court, Suffolk County as Administratrix of the Estate of decedent WILLIAM THOMAS SADLER, SR., and continues to act as such Administratrix. 3. That decedent left surviving, plaintiff Amparo Sadler, wife, Erica Sadler, Andrea Pasha-Ahmed, Debra Walton and 7 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 Denice Walton, daughters, Joseph Sadler, son, Jennifer Bell, Erics Bell, and Monique Forbes, granddaughters, and Frederick Forbes, grandson, as his next-of-kin, together with others. 4. Upon information and belief, that at all the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI MEDICAL CENTER, INC. had a principal place of business located ir the County of Suffolk, State of New York. 5. Upon information and belief, that at all the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI MEDICAL CENTER, INC. was a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. 6. Upon information and belief, that at all the times hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAI f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. was 2 domestic not-for-profit corporation duly organized and existinc under and by virtue of the laws of the State of New York. 7. Upon information and belief, that at all the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAI MEDICAL CENTER, INC. owned a hospital located at 101 Hospital Road, Patchogue, New York. 8 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 8. Upon information and belief, that at all the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. operated, maintained and controlled a hospital located at 101 Hospital Road, Patchogue, New York. 9. Upon information and belief, that at all the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. was accredited as a hospital by the U.S. Joint Committee on Accreditation of Hospitals and promulgated rules and regulations in accordance with such accreditation. 10. Upon information and belief, that at all of the times hereinafter mentioned, defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. held itself out as a hospital, duly qualified and capable of rendering adequate medical care and treatment to the public, and for such purposes hired doctors, nurses, anesthetists, attendants and other personnel. 11. Upon information and belief, that at all the times hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. owned a hospital located at 101 Hospital Road, Patchogue, New York. 12. Upon information and belief, that at all the times hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAI f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. operated, maintained and controlled a hospital located at 101 Hospital Road, Patchogue, New York. 9 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 13. Upon information and belief, that at all the times hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. was accredited as a hospital by the U.S. Joint Committee on Accreditation of Hospitals and promulgated rules and regulations in accordance with such accreditation. 14. Upon information and belief, that at all of the times hereinafter mentioned, defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. held itself out as a hospital, duly qualified and capable of rendering adequate medical care and treatment to the public, and for such purposes hired doctors, nurses, anesthetists, attendants and other personnel. 15. Upon information and belief, that at all the times hereinafter mentioned, defendant ZAR CHI WIN, M.D. was a physician duly licensed to practice medicine in the State of New York. 16. Upon information and belief, that at all the times hereinafter mentioned, defendant JAHI JOHNSON, CNA was a certified nurse assistant duly licensed to practice medicine in the State of New York. 17. Upon information and belief, that at all the times hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was a registered nurse duly licensed to practice medicine in the State of New York. 10 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 18. Upon information and belief, that at all the times hereinafter mentioned, defendant ZAR CHI WIN, M.D. was an employee of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 19. Upon information and belief, that at all the times hereinafter mentioned, defendant JAHI JOHNSON, CNA was an employee of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 20. Upon information and belief, that at all the times hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was an employee of defendant BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 21. Upon information and belief, that at all the times hereinafter mentioned, defendant ZAR CHI WIN, M.D. was an employee of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 22. Upon information and belief, that at all the times hereinafter mentioned, defendant JAHI JOHNSON, CNA was an employee of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 23. Upon information and belief, that at all the times hereinafter mentioned, defendant PATRICK O'CONNELL, R.N. was an employee of defendant LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. 11 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 24. That on or about April 3, 2018, plaintiff's decedent was admitted to BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER and came under the care and treatment of defendants ZAR CHI WIN, M.D., JAHI JOHNSON, CAN, and PATRICK O'CONNELL, R.N. 25. That on or about April 5, 2018, plaintiff's decedent was caused to fall while a patient thereat. 26. That on or about April 7, 2018, plaintiff's decedent underwent left hip intramedullary hip screw with gamma nail. 27. That plaintiff's decedent died at Brookhaven Memorial Hospital Center on April 18, 2018. 28. That defendant departed and deviated from good and accepted medical and nursing care in the care and treatment of plaintiff's decedent and that as a result of the negligent and careless treatment rendered to the plaintiff's decedent, plaintiff's decedent sustained serious injuries and conscious pain and suffering resulting in his death on April 18, 2018. 29. That the injuries to plaintiff's decedent and their sequelae were due to the carelessness and negligence of the defendant in failing to treat the plaintiff's decedent in the proper and accepted medical and nursing manner, and all without any fault or lack of care on the part of the plaintiff's decedent herein. 12 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 30. That defendants, their agents, servants, and/or employees, were negligent and careless in the care and treatment rendered to the plaintiff's decedent; in allowing the plaintiff's decedent to fall; in failing to assist plaintiff's decedent; in causing the plaintiff to injure his left hip; in causing plaintiff's decedent to undergo surgical intervention; in failing to care for and treat plaintiff in a skillful and proper manner; in that the initial assessments were improperly performed; in failing to have the alarms on the bed and/or chair; in failing to have the alarms on the bed and/or chair in proper working order; in that the alarms on the bed and chair were broken and defective; in that defendant deviated from accepted medical and nursing standards; in failing to properly supervise the plaintiff's decedent; in allowing the plaintiff's decedent to be unattended; in failing to properly restrain the plaintiff's decedent; in allowing the fall accident to happen; in deviating and departing from good and accepted medical, nursing and physical therapy methods and in deviating from standard and accepted medical, nursing and physical therapy practice and procedures in that they, among other things, failed to use ordinary and reasonable medical care, diligence and skill, and failed to possess the requisite degree of learning, knowledge and skill; in failing to take a proper fall risk assessment of the patient; in failing to have in place an adequate fall prevention/rules/regulations; in failing to adhere to the fall 13 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 prevention program/rules/regulations; in failing to take the necessary safety precautions and fall prevention precautions; in failing to order and apply proper restraints; in failing to order and apply safety devices; in failing to supervise the patient; in allowing the patient to fall; in failing to manage the patient; in failing to attend to the patient; in failing to observe the patient; in allowing the plaintiff's decedent to be left unattended; in failing to assist the plaintiff's decedent; in that the nursing and physical therapy staff of the defendant failed to properly restrain and/or safeguard the patient; in providing poor and improper nursing doctors' care; in failing to follow orders; in failing to perform appropriate tests; in exhibiting poor technique during examinations; in failing to treat plaintiff's decedent in a skillful and proper manner; in failing to take or order adequate and proper tests to determine the nature and extent of the ailments and conditions from which plaintiff's decedent was suffering at the time during which treatment was rendered; in failing to order or take the proper examinations and procedures to determine the nature and extent of the ailments and conditions from which plaintiff's decedent was suffering at the time during which treatment was rendered; in causing plaintiff's decedent's demise; in failing to render the proper treatment to plaintiff's decedent for the conditions and ailments from which he was suffering; in failing to possess and use that degree of diligence and skill ordinarily possessed by 14 of 22 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/12/2019 physicians in the community at the time the treatment was rendered; in failing to use reasonable skill, care and diligence in the exercise of professional knowledge to accomplish the purpose for which defendant was retained; in failing to take any and all effective and adequate measures or means to prevent further harm and injury to plaintiff's decedent; in departing and deviating from standard and accepted procedures then and there prevailing in the community; in improperly planning and administering treatments to plaintiff's decedent; in failing to take proper and reasonable precautions for the safety and health of plaintiff's decedent; in failing to take a proper history; in failing to order or take proper tests; in failing to call in proper consultants; in failing to recognize and treat the onset of complications; in failing to keep proper records; in failing to read and respond to defendant's own medical records; in failing to respond to the medical history of plaintiff's decedent; in failing to study and use relevant medical literature; in failing to properly supervise and instruct medical personnel in diagnosis