Michael J. Morris

New York County

At trial, successfully defended a dermatologist in a medical malpractice action in New York County.  Plaintiff claimed that the defendant physician performed a contraindicated procedure on the plaintiff resulting in a hematoma and cellulitis causing long term hospitalizations.  The case was successfully defended with an expert in dermatology and infectious disease.  The jury found no liability against the client physician

Rockland County

At trial, successfully defended a plastic/reconstructive surgeon in a medical malpractice action in Rockland County.  Plaintiff claimed that the defendant physician failed to advise the patient of the risks associated with the procedure and improperly performed the abdominal surgery resulting in wound dehiscence and several months of treatment and massive scarring.  The jury found no liability against the client physician.

New York County

At trial, successfully defended an OB/GYN physician in a medical malpractice action venued in New York County.  Plaintiff claimed that the defendant physician used various instruments during a gynecological examination causing the plaintiff to develop an infection requiring a hysterectomy.  The case was defended with experts in obstetrics/gynecology and infectious disease.  The jury found no liability against the client physician.

Suffolk County

At trial, Michael Morris successfully defended a general surgeon who performed a cervical lymph node resection resulting in an alleged injury to the patient’s spinal accessory nerve. Plaintiff claimed that as a result of the injury she was unable to lift her right arm. With the use of an expert in general surgery it was argued that the claimed injury was a known and accepted risk of the procedure. With the use of an expert in neurology it was argued that plaintiff’s claims of injury were due to degenerative conditions in her neck and shoulder. The jury found no liability against the surgeon.   

Richmond County

At trial, successfully defended a physician in a medical malpractice action venued in Richmond County. Plaintiff claimed that the defendant physician prescribed contraindicated medication leading to a fungal spine infection, sepsis, and death.  The case was defended with experts in infectious disease.  The jury found no liability against the client physician.

Kings County

At trial, successfully defended a client physician in Kings County in a medical malpractice action.  Plaintiff claimed that the defendant physician failed to order repeat bloodwork resulting in a delayed diagnosis of acute myeloid leukemia.  The case was successfully defended with an oncologist.  The jury found no liability against the client physician.

New York County

At trial, successfully defended a major metropolitan hospital in a wrongful death/medical malpractice action involving the death of a 33 year old father of  two. Plaintiffs claimed that the defendant hospital was negligent in allowing the decedent to develop a hospital acquired pneumonia after surgery. The case was defended with the use of an expert in infectious disease and the jury found no liability against the hospital.

New York County

At trial, successfully defended an ambulatory anesthesiologist in a wrongful death/medical malpractice claim involving the death of a 42 year old mother of two children who died shortly after cosmetic face surgery. Plaintiff’s counsel claimed that the defendant anesthesiologist was negligent in that he left the patient with a nurse who was unable to handle an airway obstruction, resulting in the patient’s death. The case was defended with the use of an expert anesthesiologist and it was argued that the defendant was not responsible for the patient’s death. The jury found no liability against the defendant anesthesiologist.

Richmond County

At trial, successfully defended an internist in a claim of wrongful death/medical malpractice. Plaintiff’s counsel and expert claimed that the decedent needed to be hospitalized for his prolonged infection from diverticulitis. The father of two young children died from a ruptured bowel due to the prolonged infection. At trial, it was argued that the decedent died from a sudden spontaneous rupture of his bowel and that this was an unpredictable element of his condition. The jury found no liability against the defendant internist.

New York County

At trial, successfully defended a major metropolitan hospital in a medical malpractice claim involving the delay in diagnosis of a stroke and failure to use tissue plasminogen activator (“tPA”). Plaintiff’s expert argued that the medication, if given, would have busted the clot and restored blood flow to the brain. Plaintiff was left with residual deficits in speech and walking.  At trial, it was argued that tPA was not accepted as the standard of care in treating stroke patients as it has a high risk of causing a hemorrhage. The jury found no liability against the hospital.

New York County

At trial, successfully defended individual physicians and health center in a wrongful death/medical malpractice action. Plaintiff’s counsel claimed that the physicians failed to recognize that the decedent’s rectal bleeding warranted a colonoscopy. Plaintiff was diagnosed with colon cancer 12 months after the initial visit at the health center. At trial, it was argued that the decedent failed to follow up with the physicians as directed. The jury found no liability against the defendants.

Kings County

At trial, successfully defended electrophysiologist who replaced a pacemaker lead wire causing a tear in the plaintiff’s atrium. Plaintiff claimed that the physician used excessive force and caused the tear, requiring that plaintiff undergo lifesaving open heart surgery to repair the atrium. It was argued that the procedure was performed in accordance with accepted technique and that the tear was a known and accepted risk of the surgery. The jury found no liability against the electrophysiologist.

Suffolk County

At trial, successfully defended driver and car owner in rear end collision which resulted in a claim of injury causing plaintiff to undergo 13 surgical procedures. Plaintiff’s demand was several million dollars. Case was defended on causation with expert engineer and surgeon. At trial it was argued that the claimed injuries were not traumatically induced and that the plaintiff’s injuries were from a degenerative condition. The jury found that the plaintiff’s claim of injury was not caused by the car accident.

Kings County

At trial, successfully defended a cosmetic surgeon regarding claims of a negligently performed breast augmentation surgery, which caused disfigurement and sagging of plaintiff’s breasts. Plaintiff claimed that the surgery was contraindicated. The jury found no liability against the surgeon as he advised the plaintiff of the risks, benefits and alternatives to the surgery.

Richmond County

After trial, successfully obtained a reversal of the jury finding of liability against a cosmetic surgeon. Plaintiff had a breast augmentation procedure resulting in rejection of the implant, scarring and disfigurement to her breast. The trial court judge rejected the defense request for a comparative negligence charge based on the plaintiff’s history of smoking as it could have compromised her ability to heal post-op. The Appellate Court granted a new trial based on the trial judge’s error in failing to give a charge of comparative negligence.

New York County

At trial, successfully defended an orthopedic surgeon in a medical malpractice action involving a patient/plaintiff in need of a hip replacement.  The defendant surgeon performed the hip replacement surgery that eventually failed.  Subsequently, the defendant surgeon performed hip reconstruction resulting in an injury to the sciatic nerve leaving the patient/plaintiff with a drop foot requiring the use of a walker to ambulate. The case was defended with the use of an expert orthopedic surgeon.  The jury accepted the argument that the injury was a known and accepted risk of the procedure and found no liability against the surgeon.

Queens County

At trial, successfully obtained a jury verdict for a client in a breach of contract dispute involving a real estate venture. The verdict resulted in a favorable judgement for the client of approximately $500,000.

Kings County

At trial, successfully defended OB/GYN physician in medical malpractice action venued in Kings County. Plaintiff claimed that the physician was negligent in that he failed to order additional radiographic testing to confirm the presence of an ovarian dermoid cyst. At the time of the surgery there was no dermoid cyst found and plaintiff claimed that the surgery was not necessary. The case was defended with the use of an expert OB/GYN and argument that the plaintiff’s clinical signs and symptoms required that the surgery be performed. The jury found no liability against the physician.

Bronx County

At trial, successfully defended an Emergency Department physician and major metropolitan hospital in Bronx County. Plaintiff claimed that the physician and hospital failed to diagnose a severed tendon in plaintiff’s hand resulting in permanent disability to his hand. The case was defended with the use of an expert hand surgeon and infectious disease expert who stated that the plaintiff failed to properly care for his laceration resulting in infection and erosion to the tendon. The jury found no liability against the defendants.

Kings County

At trial, successfully defended a physician specializing in Physical Medicine and Rehabilitation in Kings County. Plaintiff claimed that the defendant physician failed to timely order and perform nerve conduction studies, resulting in permanent neurologic injury to the left arm and hand. The case was successfully defended with an expert neurologist. The jury found no liability against the client physician.

New York County

At trial, successfully defended a cosmetic surgeon in New York County. Plaintiff claimed that the liposuction procedure to her abdomen was negligently performed, resulting in disfigurement. The case was successfully defended with the use of an expert in Plastic Surgery. The jury found no liability against the client physician.

Richmond County

At trial, successfully defended a cosmetic surgeon in Richmond County. Plaintiff claimed that the defendant physician negligently performed a rhinoplasty and chin implant procedure, resulting in impaired breathing and permanent nerve damage to the patient’s lip from the chin implant. The case was successfully defended with an expert in Plastic Surgery. The jury found no liability against the client physician.

Kings County

At trial, successfully defended an Emergency Room physician in Kings County. Plaintiff claimed that the defendant physician negligently discharged the patient, resulting in a ruptured appendix. The case was defended with an expert in Emergency Medicine and General Surgery. The jury found no liability against the client physician.