Botox injections are well known as another method for a plastic surgeon to improve one's facial appearance by diminishing or eliminating wrinkles. However, botox injections are also relied on as a pain reliever to paralyze painful muscle spasms. Victims of cerebral palsy and Parkinson's disease can be helped with botox injections. A neurologist, Dr. Guy Schwartz and North-Shore Long Island Jewish Health Systems were sued for allegedly injecting the plaintiff's face with an excessive amount of Botox causing serious injuries. The plaintiff claimed that Dr. Schwartz administered an overdose of Botox to treat painful facial spasms because he misdiagnosed her with Parkinson's disease.
The medical defendant's successfully argued that the dosage of Botox was appropriate to treat semi-facial spasms on the left side of plaintiff's face. They also argued that the plaintiff's attorney was too late in introducing a new theory that Dr. Schwartz misdiagnosed the plaintiff with Parkinson's disease and that she did not in fact have that condition. On November 16, 2016, the Appellate Court agreed with the Queens County Supreme Court, Justice O'Donoghue that had dismissed the case during the pre-trial stage finding that the plaintiff's attorney should have filed a motion long ago to assert the new theory.