Kaplan v. MAMELAK

Opinion

RUBIN, J.

Larry Kaplan appeals from the trial court’s judgment dismissing his medical malpractice complaint against Adam N. Mamelak, M.D. We reverse and remand for further proceedings.

FACTS AND PROCEEDINGS

Appellant Larry Kaplan suffered pain from a herniated disk in his spine. The disk, identified as T8-9, lay between the eighth and ninth thoracic (chest) vertebrae of his spinal column. Kaplan sought treatment from respondent neurosurgeon Adam Mamelak, M.D. In July 2002, respondent operated on Kaplan’s spine, intending to excise the herniated portion of disk T8-9 to relieve Kaplan’s…