On July 2, 2019 an appellate court agreed that Dr. Francois Lacour-Gayet, the “internationally renowned” Chief of Pediatric Cardiothoracic Surgery at Montefiore Medical Center, was not entitled to dismissal of an infant's claim for medical malpractice. The lower court found that the heart surgeon had departed from accepted standards of care by "unintentionally leaving a surgical needle portion in the infant's chest." The heart surgeon conveniently insisted that the child didn't suffer any injury during the second procedure to remove the overlooked broken needle.
Both the lower court and appellate court held that a jury must determine whether the negligently misplaced broken needle caused any "physical, psychiatric or emotional injury to the infant." Debose v Francois Lacour-Gayet, M.D., 2019 WL 2749719