KWMC Obtains Defense Verdict In medical Malpractice Action

Congratulations to KWMC partner, Robert K. Lapping, and associate, Michael Grazio, for obtaining a defense verdict on behalf of an anesthesiologist and an anesthesiology practice group in Supreme Court, Nassau County on April 7, 2026, following a three-week jury trial. Plaintiff alleged that the defendant anesthesiologist deviated from accepted standards of care by failing to assess the plaintiff’s level of sedation prior to the commencement of a cataract extraction procedure, and by failing to communicate aspects of the plaintiff’s medical and social history to the operating surgeon. Plaintiff contended that these alleged departures caused the plaintiff to awaken during the surgery, resulting in permanent diminished visual acuity, related ocular injuries, and the need for additional surgeries.

At trial, the defense established that the anesthesiologist appropriately administered sedative and anxiolytic medication prior to the surgery with the intended effect. Moreover, the defense established that the plaintiff’s level of sedation was appropriately assessed prior to the surgery, and that the plaintiff’s medical and social history was routine and had no impact on the surgical management of the patient. The jury found that there were no departures from the standard of care and returned a unanimous verdict in favor of the defense.