Neil B. KIRSCHEN, M.D., Winthrop University Hospital, Linda W. Roberts,
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1 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL WL (N.Y.Sup.) (Verdict, Agreement and Settlement) Supreme Court of New York. Nassau County Arlene DANIELE, Plaintiffs, V. Neil B. KIRSCHEN, M.D., Winthrop University Hospital, Linda W. Roberts, Prac, and North American Partners in Pain Management, Defendants. No November 2, Special Verdict ACCORDING TO THE PRINCIPLES OF LAW AS CHARGED BY THE COURT: 1. Did defendant Dr. Neil B. Kirschen depart from accepted medical practice by not advising plaintiff of the potential seriousness and urgency of plaintiffs condition and to recommend a prompt work-up on September 3, 2010? YES X If your answer to Question 1 is "yes," proceed to Question 2. If your answer to Question 1 is "no," proceed to Question Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? YES WESTLAV^ 2019 Thomson Reuters. No claim to original U.S. Government Works.
2 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, Wl.D.,..., 2015 WL , Proceed to Question Did Dr. Jacob Rauschwerger, an employee of defendant North American Partners in Pain Management, depart from accepted medical practice by not directly speaking to plaintiff and advising her to go to the hospital for an immediate work up on September 5, 2010? X If your answer to Question 3 is "yes," then proceed to Question 4. If your answer to Question 3 is 'no," then proceed to Question Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? Proceed to Question Did Dr. Jacob Rauschwerger, an employee of defendant North American Partners in Pain Management, depart from accepted medical practice by not following up on plaintiffs medical case by himself on September 5, 2010? VVESTLAW 2019 Thomson Reuters. No claim to original U.S. Government Works.
3 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D.,..., 2015 WL , X If your answer to Question 5 is "yes," then proceed to Question 6. If your answer to Question 5 is 'no," then proceed to Question Was this departure a substantial factor in depriving plaintiffofa substantial chance for an improved outcome? Proceed to Question 7 7. Did Dr. Jacob Rauschwerger, an employee of defendant North American Partners in Pain Management, depart from accepted medical practice by not alerting Dr. Kirschen about plaintiffs medical case on September 5, 2010? X WESTLAW 2019 Thomson Reuters. No claim to original U.S. Government Works.
4 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL If your answer to Question 7 is "yes," then proceed to Question 8. If your answer to Question 7 is 'no," then proceed to Question Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? Proceed to Question 11. Do not answer Questions 9 and Did the defendant Dr. Neil B. Kirschen depart from accepted medical practice by not following up on plaintiffs medical case on September 5, 2010? If your answer to Question 9 is "yes," then proceed to Question 10. If your answer to Question 9 is 'no," then proceed to Question Was this departure s substantial factor in depriving plaintiff of a substantial chance for an improved outcome? WESTLAVf 2019 Thomson Reuters. No claim to originai U.S. Government Works.
5 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL Proceed to Question Did the defendant Linda Roberts, PA depart from accepted medical practice by not performing a sufficiently thorough physical examination and /or ordering or recommending an MRI, and/or blood test on September 7, 2010? X YES If your answer to Question 11 is "yes," then proceed to Question 12. If your answer to Question 11 is 'no," then proceed to Question Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? X YES Proceed to Question 13 WESTLAVs/ 2019 Thomson Reuters. No claim to originai U.S. Government Works.
6 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL Did the defendant Linda Roberts, PA depart from accepted medical practice by not having plaintiff examined by a physician on September 7, 2010? Dissenting juror, if any. If your answer to Question 13 is "yes," then proceed to Question 14. If your answer to Question 13 is 'no," then proceed to Question Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? Proceed to Question Did the defendant Linda Roberts, PA, depart from accepted medical practice by discharging plaintiff on September 7, 2010? At least five (jurors must agree on the answer to this question. WESTLAW 2019 Thomson Reuters. No claim to original U.S. Government Works.
7 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL , If your answer to Question 15 is "yes," then proceed to Question 16. If your answer to Question 15 is 'no," then proceed to court instuctions. 16. Was this departure a substantial factor in depriving plaintiff of a substantial chance for an improved outcome? X YES Proceed to Court Instructions Court Instructions If you have answered: "yes" to Questions 1 and 2; and/or "yes" to Questions 3 and 4; and/or "yes" to Questions 5 and 6; and/or "Yes" to Questions 7 and 8; and/or "yes" to Questions 9 and 10; and/or "Yes" to Questions 11 and 12; and/or "Yes" to Questions 13 and 14; and/or "Yes" to Questions 15 and 16. you have found for plaintiff and must answer the next question. WESTLAW 2019 Thomson Reuters. No claim to original U.S. Government Works.
8 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL If you have not answered these questions in the manner just indicated, then report your findings to the Court. 17. State the percentage of negligence of the respective parties causing injury to plaintiff, Arlene Daniele. NEIL B. KIRSCHEN, M.D./ RTH AMERICAN PARTNERS IN PAIN MANAGEMENT 15% (Apportion fault only if you answered "Yes" to questions 1 and 2; and/or 9 and 10) LINDA ROBERTS, PA/ WINTHROP UNIVERSITY HOSPITAL 85% (Apportion fault only if you answered "Yes"to questions 11 and 12; and/or 13 and 14; and/or 15 and 16) JACOB RAUSCHWERGER, M.D./ RTH AMERICAN PARTNERS IN PAIN 0 % MANAGEMENT (Apportion fault only if you answered "Yes" to questions 3 and 4; and/or 5 and 6; and/or 7 and 8) TOTAL MUST ADD UP TO 100% Proceed to Question State separately the amount awarded for the following items of damages, if any, up to the date of your verdict: (1) loss of earnings S 250,000 (2) Pain and suffering S 500,000 If you decide not to make an award as to the above item, then you will insert the word "none" as to that item. WESTLAVii'' 2019 Thomson Reuters. No claim to original U.S. Government Works.
9 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL , Dissenting juror, if any; Proceed to Next Question 19. State the amount awarded, if any, for future pain and suffering: $ 1, (a) State the number of years the future pain and suffering will continue 20. If you decide not to make an award as to any of the above items, you will insert the word "none" as to that item. Proceed to Next Question 20. For loss of earnings, if any, you find will be incurred in the future state the following: (i) the annual amount in current dollars: $ 50,000 (ii) the number of years V If you decide not to make an award as to any of the above items, you will insert the word "none" as to that item. WESTLAW 2019 Thomson Reuters. No claim to original U.S. Government Works.
10 Arlene DANIELE, Plaintiffs, v. Neil B. KIRSCHEN, M.D 2015 WL ,, PLEASE REPORT YOUR FINDINGS TO THE COURT End of Document 2019 Thomson Reuters, No claim to original U.S. Government Works. WEST LAW 2019 Thomson Reuters. No claim to original U.S. Government Works. 10
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