• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
    • Nursing Home Neglect & Abuse
    • Criminal/DWI Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
    • Nursing Home Neglect & Abuse
    • Criminal/DWI Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Personal Injury Law  /  N.Y. Lawsuit: Patients Allege Surgeon Breached Trust

N.Y. Lawsuit: Patients Allege Surgeon Breached Trust

by Law Offices of Thomas L. Gallivan, PLLC 04 Jan2018

One of the highest-paid surgeons in the United States was hit with two lawsuits alleging that the doctor was not performing his own surgeries.  According to the lawsuit, Dr. David Samadi, the head urologist at Lenox Hill Hospital in Manhattan, routinely allowed medical residents, who are still in training, and other doctors to perform the surgeries. According to the lawsuit, Dr. Samadi may have left up to 1,000 of his patients in the hands of another, less-skilled doctor or resident.

According to Dr. Samadi, the surgeon was merely “double-booking” his surgeries, a controversial practice where the surgeon is not present for an entire surgery. Instead, he or she “delegates” portions or sections of the surgery to another medical professional. According to an analysis of hospital records, Dr. Samadi has performed 2,182 urologic surgeries since began working at Lenox Hill Hospital in 2013. A full 70 percent of these surgeries overlapped with another surgery. The New York Post reports that on a single day in 2014, the doctor “performed” eleven surgeries, and all but one overlapped.

Speaking to the New York Post, Dr. Samadi said, “Every critical part of the case and every important part of the case is done by me. The residents don’t perform anything on their own in a vacuum.” The distinction made by the alleged absentee doctor is important. While the practice of “double-booking” is not banned, Medicare rules forbid hospitals from doing concurrent surgeries if the “critical parts” of the two surgeries would occur at the same time.

The problems from Dr. Samadi’s habit of “double-booking” surgeries are numerous. First, the lawsuit alleges that none of the patients were even aware that another surgeon may perform any part of their surgery. For these patients, agreeing to have a surgery performed by a world-class doctor and then unknowingly receiving the care of a still-in-training and unlicensed resident can feel like the ultimate betrayal.

Predictably, this habit of double-booking was not without consequence. Both patients who filed lawsuits against the doctor alleged that he “excessively prolonged” general anesthesia so they would not wake up early and realize that another surgeon had performed their surgery. In addition to this gross breach of trust, the patients also state they received “serious physical injuries” resulting from the unsupervised, inexperienced residents that performed their surgery.

In one instance, Stephen Markelson had blood in his urine and an enlarged prostate when he agreed to have Dr. Samadi perform surgery on him. The surgery, however, was reportedly started by a resident and, upon complications, abruptly halted after two hours. Dr. Samadi was performing a surgery on another patient for all but 25 minutes of Markelson’s surgery. Markelson returned to the hospital days later with a “massive amount of blood” in his urine and had the same surgery performed, again.

The surgeon, who received $6.7 million in compensation from Lenox Hill in 2015, receives a higher compensation for performing more surgeries. According to the Boston Globe, Lenox Hill officials have previously confirmed Dr. Samadi routinely performs two surgeries at once but is always present for “major surgeries.” The Upper East Side hospital did not have any comment on the pending lawsuit.

In addition to the lawsuits, the surgeon’s habit of “double-booking” is currently being investigated by both the United States Attorney’s office in Manhattan and the New York State Department of Health.

Source:

https://www.bostonglobe.com/metro/2017/03/12/star-surgeon-scrutinized-concurrent-procedures/YgyMjLLbxHjIZIbWCNtOMO/story.html

https://nypost.com/2017/12/23/no-show-doc-shirked-surgeries-while-raking-in-7-3m-lawsuit/

Posted in: Medical Malpractice, Negligent Supervision, Personal Injury Law, Surgical Complications

Primary Sidebar

Get In Touch

Practice Areas

Personal Injury

  • Wrongful Death
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Scaffolding Accidents
  • Slip, Trip & Falls (Premises Liability)
  • Negligent Supervision at a School or Day Care
  • Sidewalk Falls
  • Elevator Accidents
  • Train and Subway Accidents

Nursing Home Neglect & Abuse

  • Bedsores (Pressure Ulcers)
  • Falls & Fractures
  • Malnutrition and Dehydration
  • Physical and Sexual Abuse
  • Wandering & Elopement
  • Unexplained Bruises and Cuts
  • Infection
  • Choking Incidents
  • Medication Errors
  • Group Homes
  • Assisted Living Facilities

Criminal/DWI Defense

  • DWI (Driving While Intoxicated)
  • Criminal Defense
  • Traffic Violations
  • DMV Refusal Hearings
  • Sex Crimes
  • Shoplifting & Larceny
  • Assault & Vehicular Assault
  • Drug Possession
  • Drug Sales
  • Weapons Charges
  • Domestic Violence
  • How is a DWI Defined in New York?
  • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?

Medical Malpractice

  • Failure to Diagnose Cancer
  • Birth Injuries (Gynecological, Obstetrical)
  • Medication Errors
  • Surgical Errors
  • Gastric Bypass Surgery Errors
  • Emergency Room Errors
  • Failure to Diagnose Heart Attack or Stroke
  • Cerebral Palsy
  • Erbs Palsy Birth Injury

Trusts + Estates

  • Wills & Trusts
  • Divorce, Child Support, Custody Issues
  • Elder Law
  • Estate Planning
  • Guardianships
  • Medicaid-Planning
  • Power of Attorney / Health Care Proxy
  • Probate and Estate Administration
  • Surrogate Court Litigation
  • Real Estate
  • Business Formation
  • Wills
  • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Toll Free:
(855) 228-7369

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Toll Free:
(855) 228-7369

Fax:
(516) 394-4229

Footer

  • Home
  • About
  • Practice Areas
  • Blog
  • Resources
  • Contact Us

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC