Collateral Attack on OB/Gyn Results in Reversal of $700,000 Verdict
An appellate court covering an appeal from a Kings County jury verdict set aside a $700,000 verdict awarded to a woman who was injured during a routine dilation and curettage (D & C) procedure. The D & C was performed to address complaints of abdominal pain due to uterine fibroids. During the procedure both bowel and uterus were perforated.The Appellate Division, Second Department set aside the verdict and ordered a retrial on all issues because the plaintiff's attorney was improperly allowed to use extrinsic documentary evidence to impeach the defendant ob/gyn's credibility. Rudle v Shifrin, 182 A.D. 3d 617
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