On August 9, 2017 an Appellate Court covering Brooklyn affirmed a lower court ruling that granted a urologist's pre-trial motion to dismiss a malpractice involving the loss of a testicle. The urologist had performed a procedure on the patient called a hydrocelectomy to remove fluid which had formed around the right testicle. After surgery the patient complained of pain in the scrotal area and he eventually lost all function in the right testicle. The patient's expert claimed that the loss of functioning was due to the failure of the urologist to perform a prompt orchiopexy (tacking of the testicle) which led to testicular tortion and devascularization. The urologist won dismissal by establishing thru his expert's affidavit that a sonogram of the testicle revealed the patient had good blood flow to the testicle which could not be present with a  testicular torsion as claimed.

The defendant urologist was fortunate not to leave his fate up to a jury. The defendant urologist, Abraham Ostad surrendered his license to practice medicine effective July 4, 2017 as reported on the official New York State website--Physician Profile. Dr Ostad pleaded guilty to a felony assault charge in 2013 and to multiple other misdemeanor crimes involving domestic abuse toward his wife, sons and mother-in-law. He was alleged to have slapped his wife despite an Order of Protection, thrown his mother-in-law to the ground breaking her pelvis and threatened his sons with a knife while they tried to protect their mother. The Office of Professional Medical Conduct was especially upset that Dr. Ostad concealed his crimes from his bi-annual physician registration and persuaded him to surrender his license. 2017 WL 3401216