Genco v. Millard Fillmore Suburban Hospital
Opinion of the Court
—Order and judgment unanimously affirmed with costs. Memorandum: Plaintiff commenced this medical malpractice action against defendant Millard Fillmore Suburban Hospital (Hospital) and defendant doctor to recover damages arising from the discovery of a laparotomy pad in her abdominal cavity approximately 11 months after she had surgery at the Hospital to remove an ovarian mass. The jury found that the Hospital was negligent, apportioned the Hospital’s liability at 90% and awarded plaintiff damages in the amount of $225,000 for past pain and suffering.
There is no merit to the Hospital’s contention that, during colloquies with counsel for the Hospital that took place in the presence of the jury, the Trial Justice expressed his personal opinions with respect to the responsibility of the Hospital for the presence of the laparotomy pad in plaintiff’s abdomen and
We further conclude that the award of damages for past pain and suffering does not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]). (Appeal from Order and Judgment of Supreme Court, Niagara County, Joslin, J. — Negligence.) Present — Pigott, Jr., P. J., Green, Hayes, Kehoe and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.