CLASSINA OSBORNE, -against- SUMMONS Plaintiff resides at TO THE ABOVE-NAMED DEFENDANT:

Transcription

1 UED ON PHnTrFS WOMF,N S MEl-llCIAT, CENTER. TNC. -- *-. f SUMMONS Plaintiff resides at TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the attorney for the plaintiff within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York November 28,2008 Attorney for Plaintiff 350 Fifth Avenue, suite 2716 New York, NY Defendant(s) address: CHOICES WOMEN S MEDICAL CENTER, INC., DOS Process, St Avenue, Long Island City, NY Supreme Court Records OnLine Library - page 1 of 5

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Plaintiff( s), COMPLAINT CHOICES WOMEN S MEDICAL CENTER, INC., Defendant( s), Plaintiff, by her attorney, GREGORY PECK, complaining of the defendant, CHOICES WOMEN S MEDICAL CENTER, INC., herein, upon information and belief, respectfully sets forth and alleges as follows: 1. That at all times hereinafter mentioned, the plaintiff, CLASSINA OSBORNE, was and still is a resident of the County of New York, City and State of New York. 2. That at all times hereinafter mentioned, defendant, CHOICES WOMEN S MEDICAL CENTER, INC,, (hereinafter CHOICES ), was and still is a domestic business corporation duly organized and doing business in the State of New York. 3. That at all times hereinafter mentioned, defendant, CHOICES, was and still is a medical facility rendering medical care and treatment to its patients in the State of New York. 4. That at all times hereinafter mentioned defendant, CHOICES, represented to the public that it was skilled, equipped and qualified to treat and care for members of the public in need of and requiring medical attention; that said hospital and medical clinic furnished and provided to those seeking medical attention competent medical treatment, care and services, and that the physicians, surgeons, doctors, interns, residents, nurses and other personnel employed therein were skilled and competent to perform, render and Supreme Court Records OnLine Library - page 2 of 5

3 administer the aforesaid services. 6. Plaintiff, received treatment at defendant, CHOICES, during the period between June 14,2005 and June 29, That on June 14,2005, defendant, CHOICES, its agents, servants and employees performed a medical procedure for plaintiff, which consisted of termination of a pregnancy. 8. That as a result of defendant s, CHOICES, its agents, servants and employees negligence and oversight plaintiff, sustained serious and severe injuries, including severe vaginal bleeding and pain, necessitating further treatment. 9. That as a result of defendant s, CHOICES, its agents, servants and employees negligence and oversight, plaintiffs uterus retained a certain amount of products of conception along with some hemorrhage and debris, necessitating further treatment. 10. The medical care and treatment rendered by the defendant, its agents, servants and/or employees, was rendered negligently and in a manner that deviated from customary and accepted medical practices. 11. The defendant, CHOICES, its agents, servants and employees were negligent in failing to properly perform termination of pregnancy procedure rendered to plaintiff, CLASSINA OSBORNE; in failing to remove from plaintiffs uterus all products of conception; in failing to follow up with the post medical care; in failing to monitor the patient; in failing to timely administer appropriate medication and treatment; in failing to provide appropriate care to the patient under the circumstances and in failing to provide timely and necessary medical care and treatment to prevent the aforesaid occurrence. Supreme Court Records OnLine Library - page 3 of 5

4 12. That as a result of the defendant s negligence, plaintiff, CLASSINA OSBORNE, has sustained conscious pain and suffering from June 14,2005 to present. 13. As a result of defendant s, CHOICES, negligence, plaintiff, CLASSINA OSBORNE, has been damaged in the amount of money in excess of the maximum jurisdiction of all lower courts. WHEREFORE, plaintiff, demands judgment against the defendant, CHOICES, in the sum of money in excess of the maximum jurisdiction of all lower courts together with the costs and disbursements of this action. Dated: New York, New York November 28,2008 Yours, etc., Attorney for Plaintiff 350 Fifth Avenue, Suite 2716 New York, New York Supreme Court Records OnLine Library - page 4 of 5

5 r Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK % % 0 Plaintiff, -.- *. CHOICES WOMEN S MEDICAL CENTER, INC., Defendant, SUMMONS AND COMPLAINT Wt GREGORY PECK, ESQ. Attorney for Plaintiff (s) 350 Fifth Avenue, Suite 2716 New York, New York (212) I Pursuant to 22 d to practice in the courts of hew inquiry, the contention Signatu Dated:November 28, Print Signer s Name - Gregory Peck, Esq. Service of copy of the within is hereby admitted Dated, Sir: Please take notice () NOTICE OF ENTRY that the within is a (certified) copy of a duly entered in the office of the clerk of the within named court on 19 () NOTICE OF SETTLEMENT that an order settlement to the HON. at on 19 at M. Dated, TO: Attorneys or Attorney(s) for of which the within is a true copy will be presented for one of the judges of the within named court, /v- GREOORY PECK, E Attorney for Plaintiff(s) 350 Fifth Avenue, suite 2716 New York, NY Supreme Court Records OnLine Library - page 5 of 5