Martin v. Lattimore Road Surgicenter, Inc.

I join with Justice Kehoe in his dissent in concluding that Supreme Court properly gave the “error in judgment” charge with respect to the method of David L. Gandell, M.D. (defendant) in suturing the incision wound of Valerie Martin (plaintiff). Plaintiffs’ expert testified that suturing at the fascia was required to prevent the bowel from being drawn into the incision wound, although more invasive procedures were necessary to suture at the fascia. Plaintiffs’ expert further testified that suturing at the skin was not within the standard of care to close the suture wound. Defendant’s expert…