hasrlro medical malpractice lawyers bronx

Document Sample
hasrlro medical malpractice lawyers bronx Powered By Docstoc
					ON 511012005




                                                                                                 Summon and Verified Complaint            '   ,


                                                                                                 were filed with the Clerk of the
                                                                                                 Cou-ton - _ _ _ - _ _ - - _ _ 1-' '
                     SUPREME COURT OF THE STATE OF NEW YORK
                     COUNTY OF NEW YORK
                     .....................................................................   X                            -0hasrlro*-
                     DONNA GALLO,                                                                    Plaintiffs designate New York
                                                                                                     County as the place of trial. The
                                                                     Plaintiff,                      basis of venue is plaintiff's                ,

                                                                                                     residence.
                                                "against-
                                                                                                     Index Number:
                     DARIUSH ZARGAROFF PHYSICIAN, P.C.     d/b/a
                     DARIUSH ZARGAROFF, M.D., P.C. and                                               SUMMONS
                     DARIUSH ZARGAROFF, M.D. allda DAVID
                     ZARGAROFF, M.D., individually, jointly and                                      Plaintiff resides at 160 East 4Sth
                     severally and NEW      YORK       OB/WN                                         Street, New York, New York
                     ASSOCIATES,
                                                                                                     County of New York
                                                                   Defendants.
                     ..................................................................... X
                     To the above-named Defendant(s):

                             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 Plaintiffs attorney within twenty (20) days after the service of this summons,
                     exclusive of the date of service [or within thirty (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:             Bronx, New York
                                        May 5,2005

                                                                                     Yours, etc.,

                                                                                     RICHARD L. GIAMPA, ESQ.,      P.C.
                                                                                     Attorney for the Plaintiff
                                                                                     DONNA GALLO
                                                                                     860 Grand Concourse, Suite 1H
                                                                                     Bronx, New York 10451
                                                                                     (718) 665-7700




               Supreme Court Records OnLine Library - page 1 of 25
      Defendants' addresses:


      DARIUSH ZARGAROFF PHYSICIAN, P.C.: 112-47 Queens Boulevard, Forest Hills, New
      York 11375.

      DARIUSH ZARGAROFF, M.D., P.C.:92-29 Queens Boulevard, Rego Park, New York 11374.

      DAIUUSH ZARGAROFF, M.D. a/k/a DAVID ZARGAROFF, M.D.: 92-29 Queens Boulevard,
      Rego Park,New York 11374.
                                                                       ,   ,
      NEW YORK OB/GYN ASSOCIATES: 92-29 Queens Boulevard, Rego Park,New York 11374.




Supreme Court Records OnLine Library - page 2 of 25
                                                          Summons and Verified Complaint were
                                                          filed with the Clerk of the Court on




                                           Plaintiff,              Index Number: - - - - - _ _ -

                                 -against-                         VERIFIED COMPLAIN8             .

     DARlUSH ZARGAROFF PHYSICIAN, P.C. d/b/a
     DARIUSH ZARGAROFF, M.D., P.C.,
     ZARGAROFF, M.D. &a DAVID ZARGAROFF,
     M.D., individually, jointly and severally and NEW
     YORK OB/GYN ASSOCIATES,




     RICHARD L. G W A , ESQ., P.C.,respectfully shows to this Court and alleges as follows

     upon information and belief:

               1.       At all times mentioned herein, the plaintiff, DONNA GALLO, resided and still

     resides in the City of New York, County of New York, State of New York.

               2.       That at all times mentioned herein, the defendant, DARIUSH ZARGAROFF

     PHYSICIAN, P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF,

     M.D. aMa DAVID ZARGAROFF,M.D., individually, jointly and severally, was or represented

     himself to be a physician duly licensed or authorized to practice medicine in the State of New

     York.

               3.       That at all times mentioned herein, the defendant, DARIUSH ZARGAROFF

     PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. DARIUSH ZARGAROFF,
                                                        and




Supreme Court Records OnLine Library - page 3 of 25
      M.D. dlda DAVID ZARGAROFF, M.D., individually, jointly and severally, held himself out to

      be a physician possessing the requisite skill and ability of members of the medical profession,

      and represented that he was capable of diagnosing, treating, advising, referring, recommending

      and caring for such medical andor surgical conditions for which he would undertake to treat.

               4.        That at all times mentioned herein, the defendant, D m S H ZARGAROFF

      PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF,

      M.D. W a DAVID ZARGAROFF, M.D., individually,jointly and severally, maintained offices

      for the practice of his profession located at NEW YORK OB/GYN ASSOCIATES, 92-29

      Queens Boulevard, Rego Park, New York, County of Queens, State of New York.

               5.        At all times mentioned herein, upon information and belief, the defendant,

      DARKJSH ZARGAROFF PHYSICIAN, P.C., was and still is a domestic professional

      corporation, duly organized and existing under and by virtue of the laws of the State of New

      York, maintaining a place of business at 112-47Queens Boulevard, Forest Hills, New York

      11375.

               6.        At all times mentioned herein, upon information and belief, the defendant,

      DARlLTSH ZARGAROFF, M.D., P.C., and still is a domestic professional corporation, duly
                                    was

      organized and existing under and by virtue of the laws of the State of New York, maintaining a

      place of business at 92-29 Queens Boulevard, Rego Park, New York 11374.

               7.        At all times mentioned herein, upon information and belief, the defendant,

      DAIUUSH ZARGAROFF PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C., was

      and still is a domestic professional corporation, duly organized and existing under and by virtue

      of the laws of the State of New York, maintaking a place of business at 112-47 Queens

      Boulevard, Forest Hills, New York 11375 and/or 92-29 Queens Boulevard, Rego Park, New

                                                      2




Supreme Court Records OnLine Library - page 4 of 25
      York 11374.

               8.        That at all of the times mentioned herein, the defendant, D W S H

      ZARGAROFF PHYSICIAN, P.C.d/b/a DARTUSH ZARGAROFF, M.D., P.C.and DARKJSH

      ZARGAROFF, M.D. W a DAVID ZARGAROFF, M.D., individually, jointly and severally,

      owned a domestic professional corporation.

               9.        That at all of the times mentioned herein, the defendant, DARIUSH

      ZARGAROFF PHYSICIAN, P.C.d/b/a DAFUUSH ZARGAROFF, M.D., P.C. and DARKJSH

      ZARGAROFF, M.D. dWa DAVID ZARGAROFF, M.D., individually, jointly and severally,

      was an employee of a domestic professional corporation.

                10,      That at all of the times mentioned herein, the defendant, DARIUSH

      ZARGAROFF PHYSICIAN, P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH

      ZARGAROFF, M.D. m a DAVID ZARGAROFF, M.D., individually, jointly and severally,

      w s a shareholder in a domestic professional corporation.
       a

                11.      That at all of the times mentioned herein, the defendant, DARIUSH

      ZARGAROFF PHYSICIAN,P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C. and D m S H

      ZARGAROFF, M.D. a/k/a DAVID ZARGAROFF, M.D., individually, jointly and severally,

      w s an employee of a private group practice.
       a

                12.      That at all of the times mentioned herein, the defendant, DARIUSH

      ZARGAROFF PHYSICIAN, P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C.and DARTUSH

      ZARGAROFF, M.D. &a                  DAVID ZARGAROFF, M.D., individually, jointly and severally,

      was a partner in a private group practice.

                13.      That the defendant, DARlUSH ZARGAROFF PHYSICIAN, P.C. d/b/a

      DA€UUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. &a                           DAVID

                                                          3




Supreme Court Records OnLine Library - page 5 of 25
     ZARGAROFF,M.D., individually, jointly and severally, was responsible for the negligent acts
      andor omissions of his agents, servants, affiliated medical personnel and/or employees under the

      theory of respondeat superior.

               14.      That at all times mentioned herein, the defendant, DAFWSH ZARGAROFF

      PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DAFUUSH ZARGAROFF,

      M.D. dlda DAVID ZARGAROFF, M.D., individually, jointly and severally, was an agent,

      servant andor employee of andor affiliated with the defendant, NEW YORK OB/GYN

      ASSOCIATES.

               15.      At all times mentioned herein, upon information and belief, the defendant, NEW

      YORK OB/GYN ASSOCIATES, was and still is a domestic corporation, duly organized and

      existing under and by virtue of the laws of the State of New York.

               16.      At all times mentioned herein, upon information and belief, the defendant, NEW

      YORK OB/GYN ASSOCIATES, w s and still is a foreign corporation, duly organized and
                               a
      existing under and by virtue of the laws of one of the states of the United States other than New

      York.

               17.       At all times mentioned herein, upon information and belief, the defendant, NEW

      YORK OB/GYN ASSOCIATES, was and still is a foreign corporation, duly organized and

      existing under and by virtue of the laws of one of the states of the United States other than New

      York, doing business in New York.

                18.      At all times mentioned herein, upon information and belief, the defendant, NEW

      YORK OB/GYN ASSOCIATES, was and still is a foreign corporation duly organized and

      existing under and by virtue of the laws of one of the states of the United States other than New

      York, authorized to do business in the State of New York.

                                                        4




Supreme Court Records OnLine Library - page 6 of 25
                19,      At all times mentioned herein, upon information and belief, the defendant, NEW

      YORK OB/GYN ASSOCIATES, was and still is a business entity other than a corporation,

      doing business in New York.

               20.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, was and still is a domestic not-for-profit corporation doing business in the State

      of New York.

               21.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, was and still is a medical facility doing business in the State of New York.

               22.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, owned a medical facility located at 92-29 Queens Boulevard, Rego Park, New

      York, County of Queens, State of New York.

               23.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, its servants, agents and/or employees operated a medical facility located at 92-29

      Queens Boulevard, Rego Park, New York, County of Queens, State of New York.

               24.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, its servants, agents andor employees maintained a medical facility located at 92-

      29 Queens Boulevard, Rego Park, New York, County of Queens, State of New York.

               25.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, its servants, agents and/or employees managed a medical facility located at 92-

      29 Queens Boulevard, Rego Park, New York, County of Queens, State of New York.

               26.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, its servants, agents andor employees controlled a medical facility located at 92-

      29 Queens Boulevard, Rego Park, New York, County of Queens, State of New York.

                                                        5




Supreme Court Records OnLine Library - page 7 of 25
               27.      That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, held itself out as a medical facility duly qualified and capable of rendering

      competent medical and surgical care, treatment and surgery to the general public, including the

      plaintiff, DONNA GALLO, herein.

               28.      That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, furnished and/or provided doctors, surgeons, nurses, certified registered nurses,

      anesthetists and other medical personnel at said medical facility to afford medical and surgical

      care, advice, referral, recommendations, management and treatment to the general public,

      including the plaintiff, DONNA GALLO, herein.

               29.      That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, did agree to and did hold itself out as maintaining at the said medical facility, an

      adequate and competent staff, including doctors, surgeons, certified registered nurses,

      anesthetists and other medical personnel, and further warranted that the members of its said staff

      were qualified and trained for the purpose of providing such medical and surgical care, advice,

      referral, recommendation, management, treatment, anesthesia and attention as they would be

      required to provide in accordance with the accepted standards of medical and surgical practice to

      persons seeking and requiring surgical and medical care and attention, including the plaintiff,

      DONNA GALLO, herein, and said defendant further held itself out as being equipped in

      sufficient manner to render such care, advice, referral, recommendation, management and

      treatment at its said medical facility.

               30.       That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, furnished, provided, used and employed at said medical facility physicians,

      surgeons, certified registered nurses, anesthetists, residents, interns, nurses, aides, staff members,

                                                        6




Supreme Court Records OnLine Library - page 8 of 25
      and others, who were authorized, retained, or permitted by the defendant to order, recommend,

      request, advise, perform, render, or provide medical and surgical examinations, evaluations, care,

      diagnoses, treatments, procedures, tests, studies, services, or advice of, for and to patients at the

      said medical facility.

               31.       That the defendant, NEW Y O N OB/GYN ASSOCIATES, w s responsible for
                                                                           a
      the negligent acts and omissions of its agents, servants, affiliated physicians, surgeons,certified

      registered nurses, anesthetists and/or employees at the said medical facility under the theory of

      respondeat superior.

                32.      That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, represented that its servants, agents, affiliated physicians, surgeons, certified

      registered nurses, anesthetists, residents, interns, nurses, aides, employees andor medical

      personnel at the said medical facility were capable, competent and qualified to properly and

      adequately order, recommend, request, advise, perform, render, or provide all of the professional

      examinations, evaluations, consultations, care, treatments, procedures, tests, studies, surgeries,

      services and advice ordered, recommended, requested, required and advised for, performed upon,

      rendered and/or provided to the plaintiff, DONNA GALLO.

                33.      That at all times mentioned herein, the defendant, D m S H ZARGAROFF

      PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF,

      M.D. a/Wa DAVID ZARGAROFF, M.D., individually, jointly and severally and NEW YORK

      OB/GYN ASSOCIATES, represented themselves to be capable, competent and qualified to

      properly and adequately order, recommend, request, advise, perform, render, or provide all of the

      necessary and required professional examinations, evaluations, consultations, care, treatments,

      procedures, tests, studies, surgeries, services and advice ordered, recommended, requested,

                                                        7




Supreme Court Records OnLine Library - page 9 of 25
      required and advised for, paformed upon, rendered andor provided to the plaintiff, DONNA

      GALLO.

               34.      That at all times mentioned herein, the defendant, NEW YORK OB/GYN

      ASSOCIATES, represented that the defendant, DAFUUSH ZARGAROFF PHYSICIAN, P.C.

      d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. a/k/a DAVID

      ZARGAROFF, M.D., individually,jointly and severally was capable, competent and qualified to

      properly and adequately order, recommend, request, advise, perform, render, or provide all of the

      necessary and required surgical procedures, evaluations, consultations, care, treatments,

      procedures, tests, studies, services and advice ordered, recommended, requested, required and

      advised for, performed upon, rendered and/or provided to the plaintiff DONNA GALLO.

               35.       That at all times mentioned herein, the defendant, DATITCTSH ZARGAROFF

      PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF,

      M.D. alWa DAVID ZARGAROFF,M.D., individually, jointly and severally, represented that the

      defendant, NEW YORK OB/GYN ASSOCIATES w s capable, competent and qualified to
                                             a

      properly and adequately order, recommend, request, advise, perform, render, or provide all of the

      necessary and required surgical procedures, evaluations, consultations, care, treatments,

      procedures, tests, studies, services and advice ordered, recommended, requested, required and

      advised for, performed upon, rendered andor provided to the plaintiff, DONNA GALLO.

                                   AS AND FOR A FIRST CAUSE OF ACTION
                                  ON BEHALF OF PLAINTIFF DONNA GAI,LO:

               36.       That commencing on or about the 14th day of November, 2002, and continuing,

      plaintiff, DONNA GALLO, came under the care of the defendant, DARKJSH ZARGAROFF

      PHYSICIAN, P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C. DARIUSH ZARGAROFF,
                                                        and


                                                       8


Supreme Court Records OnLine Library - page 10 of 25
      M.D. aWa DAVID ZARGmOFF, M.D., individually, jointly and severally, in connection with

      certain medical management and treatment.

                37.      That commencing on or about the 1 t day of November, 2002, and for a period
                                                          4h

      of time subsequent thereto, the defendant, DS
                                                  -H           ZARGAROFF PHYSICIAN, P.C.d/b/a

      DARnrSH ZARGAROFF, M.D., P.C.and DAFUUSH ZARGAROFF, M.D. a M a DAVID

      ZARGAROFF, M.D., individually, jointly and severally, did undertake the treatment of the

      plaintiff, DONNA GALLO.

                38.      That the foregoing treatment, management and care of the plaintiff, DONNA

       GALLO, by the defendant, DARIUSH ZARGAROFF PHYSICIAN, P.C. d/b/a DAlUUSH

       ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. m a DAVID ZARGAROFF,

       M.D., individually, jointly and severally, his servants, agents, affiliated physicians, residents,

       interns, nurses, aides, employees and/or medical personnel w s performed in such a careless,
                                                                   a

       negligent, wanton, reckless, heedless, and willful manner as to manifest and evidence a reckless

       disregard for the safety and well-being of others, including the plaintiff herein, and not in

       accordance with the good and accepted standards of medical, surgical care and practice, thereby

       causing the plaintiff, DONNA GALLO,to sustain severe injuries and damages.

                39.      That the medical, surgical and nursing procedures, examinations, evaluations,

       care, treatments, tests, studies, services, or advice ordered, requested, recommended, advised,

       performed, rendered, provided or omitted by the defendant, DARKJSH ZARGAROFF

       PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. D W S H ZARGAROFF,
                                                          and

       M.D. &a         DAVID ZARGAROFF, M.D., individually, jointly and severally, herein, were

       ordered, requested, recommended, advised, performed, rendered, provided and/or omitted by



                                                       9


Supreme Court Records OnLine Library - page 11 of 25
      persons who were incompetent or unqualified to order, recommend, request, advise, perform,

      render or provide examinations, evaluations, care, treatments, procedures, tests, studies, services

      or advice to and/or for the plaintiff, DONNA GAJ.,LO.

                40.      That the defendant, DARIUSH ZARGAROFF PHYSICIAN, P.C. d/b/a

      DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. alWa DAVID

      ZARGAROFF, M.D., individually, jointly and severally, and those persons who performed

       surgery, ordered, requested, recommended, advised, rendered, provided andor omitted surgeries,

       examinations, evaluations, cart, treatments, procedures, tests, studies, services, or advice to

       and/or for the plaintiff, DONNA GALLO, were incompetent and/or unqualified to perform

       surgery, order, recommend, request, advise, render, or provide such professional surgical

       services, examinations, evaluations, care, treatments, procedures, tests, studies, or advice of, for,

       and to plaintiff, DONNA GALLO.

                41.      The defendant, DARTUSH ZARGAROFF PHYSICIAN, P.C.d/b/a DARIUSH

       ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. a/k/a DAVID ZARGAROFF,

       M.D., individually, jointly and severally, failed to promulgate, enforce, abide by, or follow

       appropriate rules, regulations, guidelines, procedures, policies, or protocols with respect to the

       performing, rendering or providing of medical, surgical, nursing, procedures, examinations,

       evaluations, care, treatments, tests, studies, services, or advice to and/or for patients including the

       plaintiff, DONNA GALLO, herein.

                42.      That the foregoing injuries and damages to the plaintiff, DONNA GALLO, were

       caused solely by virtue of the carelessness, negligence, malpractice, wanton and willful disregard

       on the part of the defendant, DARTUSH ZARGAROFF PHYSICIAN, P.C. d/b/a DARZUSH



                                                         10


Supreme Court Records OnLine Library - page 12 of 25
      ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. W a DAVID ZARGAROFF,

      M.D., individually, jointly and severally, his servants, agents, affiliated physicians, surgeons,

      anesthesiologists, interns, residents, aides, nurses andor employees.

               43.       That by reason of the foregoing, the plaintiff, DONNA GALLO,         WBS   severely

      injured and damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and

      mental anguish, great physical pain and emotional upset, some of which injuries are permanent

      in nature and duration, and plaintiff will be permanently caused to suffer pain, inconvenience and

      other effects of such injuries; the plaintiff incurred and in the future will necessarily incur further

      medical facility and/or medical expenses in an effort to be cured of said injuries; and the plaintiff

      has suffered and in the future will necessarily suffer additional loss of time and earnings from

      employment; and the plaintiff will be unable to pursue the usual duties with the same degree of

      efficiency as prior to the negligenca and malpractice of the defendant, DARIUSH ZARGAROFF

      PHYSICIAN, P.C.d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF,

      M.D. &a DAVID ZARGAROFF, M.D.,
                                   individually, jointly and severally, all to plaintiffs

      great damage.

               44.       That this action falls within one or more of the exceptions set forth in CPLR 1602.

               45.       That by reason of the foregoing, the plaintiff, DONNA GALLO, has sustained

      serious injuries and damages in an amount in excess of the monetary jurisdictional limits of any

      and all lower Courts which would otherwise have jurisdiction, in an amount to be determined

      upon the trial of this action.

                                 AS AND FOR A SECOND CAUSE OF ACTION
                                 ON BEHALF OF PLAINTIFF, DONNA GALLQ:

               46.       That the plaintiff repeats, reiterates and realleges each and every allegation as


                                                         11


Supreme Court Records OnLine Library - page 13 of 25
      contained in the First Cause of Action of the within Complaint, with the same force and effect as

      though each were more fully set forth at length herein.

                47.      That at all times mentioned herein, the defendant, DARlUSH ZARGAROFF

      PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DAlUUSH ZARGAROFF,

      M.D. &a DAVID ZARGAROFF, M.D., individually, jointly and severally, failed to inform the

      plaintiff as to the exact nature and extent of the plaintiffs condition and failed to inform the

      plaintiff as to the risks, complications, consequences and dangers of the care, treatment and

      procedures the defendant undertook to perform andor failed to perform upon the plaintiff, and

       further failed to inform the plaintiff as to the possible alternate methods of treatment andor

      procedures applicable to the plaintiffs condition.

                48.      That had the plaintiff, DONNA GALLO, known of the foregoing nature and

       extent of his conditions and the risks, complications, consequences and dangers of the care,

       treatment and procedures the defendant undertook to perform andor failed to perform and had

       the plaintiff known the possible alternate methods of treatment, management and/or procedures

       applicable to her, she would have chosen other necessary, required and alternate methods of

       treatment, so as to have avoided serious and severe injury.

                49.      That by reason of the failure to obtain the informed consent of the plaintiff and in

       failing to properly inform the plaintiff, she was caused to suffer serious injuries and damages.

                50.      That by reason of the foregoing, the plaintiff, DONNA GALLO, has sustained

       serious injuries and damages in an amount in excess of the monetary jurisdictional limits of any

       and all lower Courts which would otherwise have jurisdiction, i an amount to be determined
                                                                      n

       upon the trial of this action.



                                                          12


Supreme Court Records OnLine Library - page 14 of 25
                                   AS AND FOR A THIRD CAUSE OF ACTION
                                  ON BEHALF OF PLAIINTIFF, DONNA GALLO:
                51.      That plaintiff repeats, reiterates and realleges each and every allegation as

      contained in the First and Second Causes of Action of the within Complaint, with the same force

      and effect as though each were more fully set forth at length herein.

                52.      That commencing on or about the 14th day of November, 2002,and continuing,

      the plaintiff, DONNA GALLO, came under the cart of the defendants, DARlLTSH

      ZARGAROFF PHYSICIAN, P.C.
                              d/b/a DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH

      ZARGAROFF, M.D. &a DAVID ZARGAROFF, M.D., individually, jointly and severally and

      NEW YORK OB/GYN ASSOCIATES, in connection with certain medical care, surgical care,

      management and treatment to be rendered to the plaintiff DONNA GALLO, at the NEW YORK

      OB/GYN ASSOCIATES.

                53.      That commencing on or about the 14th day of November, 2002, the defendant,

      D W S H ZARGAROFF PHYSICIAN,P.C. d/b/a DARIUSH ZARGAROFF, M.D., P.C. and

      D M S H ZARGAROFF, M.D. alWa DAVID ZARGAROFF, M.D., individually, jointly and

       severally did undertake the surgery and treatment of the plaintiff, DONNA GALLO, as a patient

       at the said medical facility.

                54.      That the foregoing treatment, management and care of the plaintiff, DONNA

       GALLO, by the defendants, DARIUSH ZARGAROFF PHYSICIAN, P.C.d/b/a DARIUSH

       ZARGAROFF, M.D., P.C.and DAFUUSH ZARGAROFF, M.D. dk/a DAVID ZARGAROFF,

       M.D., individually, jointly and severally and NEW YORK OB/GYN ASSOCIATES, their

       servants, agents, affiliated physicians, surgeons, certified registered nurse anesthetists, residents,

       interns, nurses, aides, employees and/or medical personnel at the said medical facility w s
                                                                                                a


                                                        13


Supreme Court Records OnLine Library - page 15 of 25
      performed in such a careless, negligent, wanton, reckless, heedless, and willful manner as to

      manifest and evidence a reckless disregard for the safety and well-being of others, including the

      plaintiff herein, and not in accordance with the good and accepted standards of medical and

      surgical care and practice, thereby causing the plaintiff, DONNA GALLO, to sustain severe

      injuries and damages.

                55.      That the medical, surgical, anesthesiological, and nursing procedures,

      examinations, evaluations, care, treatments, tests, studies, services, or advice ordered, requested,

      recommended, advised, performed, rendered, provided andor omitted by the defendants,

      DARIUSH ZARGAROFF PHYSICIAN,P.C. d/b/a DARKJSH ZARGAROFF,M.D., P.C. and

      DARTUSH ZARGAROFF, M.D. a/k/a DAVID ZARGAROFF, M.D., individually, jointly and

       severally and NEW YO=                    OB/GYN ASSOCIATES, herein, were ordered, requested,

       recommended, advised, performed, rendered, or provided by persons who were incompetent or

       unqualified to order, recommend, request, advise, perfom, render or provide surgeries,

       examinations, evaluations, care, treatments, procedures, tests, studies, services or advice to

       and/or for the plaintiff, DONNA GALLO.

                56.      That the defendants, DARIUSH ZARGAROFF PHYSICIAN, P.C. d/b/a

       DARIUSH ZARGAROFF, M.D., P.C.and DARlUSH ZARGAROFF, M.D. a/k/a DAVID

       ZARGAROFF, M.D., individually, jointly and severally and NEW YORK OB/GYN

       ASSOCIATES, and those persons who ordered, requested, recommended, advised, performed,

       rendered, provided andor omitted surgeries, examinations, evaluations, care, treatments,

       procedures, tests, studies, services, or advice to and/or for the plaintiffs at said medical facility

       were incompetent andor unqualified to order, recommend, request, advise, perform, render, or



                                                           14


Supreme Court Records OnLine Library - page 16 of 25
      provide such professional examinations, evaluations, care, treatments, procedures, tests, studies,

       services, or advice of, for, and to the plaintiff, DONNA GALLO.

                57.      The defendants, DARIUSH ZARGAROFF PHYSICIAN, P.C.d/b/a DARIUSH

       ZARGAROFF, M.D., P.C.and DARIUSH ZARGAROFF, M.D. & / a DAVID ZARGAROFF,

      M.D., individually, jointly and severally and NEW YORK OB/GYN ASSOCIATES, failed to

       promulgate, enforce, abide by, or follow appropriate rules, regulations, guidelines, procedures,

       policies, or protocols with respect to the performing, rendering or providing of medical, surgical,

       nursing and anesthesiological procedures, examinations, evaluations, care, treatments, tests,

       studies, services, or advice to andor for the patients at said medical facility including the

       plaintiff herein.

                58.      That the foregoing injuries and damages to the plaintiff, DONNA GALLO, were

       caused solely by virtue of the carelessness, negligence, malpractice, wanton and willful disregard

       on the part of the defendants, DARIC.JSH ZARGAROFF PHYSICIAN, P.C. d/b/a DARIUSH

       ZARGAROFF, M.D., P.C. and DARIUSH ZARGAROFF, M.D. a/k/a DAVID ZARGAROFF,

       M.D., individually, jointly and severally and NEW YORK OB/GYN ASSOCIATES, their

       servants, agents, affiliated physicians, surgeons, anesthesiologists, interns, residents, aides,

       nurses andor employees.

                59.      That by reason of the foregoing, the plaintiff, DONNA GALLO, w s severely
                                                                                       a

       injured and damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and

       mental anguish, great physical pain and emotional upset, some of which injuries are permanent

       in nature and duration, and the plaintiff will be permanently caused to suffer pain, inconvenience

       and other effects of such injuries; the plaintiff incurred and in the future will necessarily incur



                                                       15


Supreme Court Records OnLine Library - page 17 of 25
      further medical facility and/or medical expenses in an effort to be cured of said injuries; and the

      plaintiff has suffered and in the future will necessarily suffer additional loss of time and earnings

      from her employment; and the plaintiff will be unable to pursue the usual duties with the same

      degree of efficiency as prior to the negligence and malpractice of the defendants, all to the

      plaintiffs great damage.

               60.       That this action falls within one or more of the exceptions set forth in CPLR 1602.

               61.       That by reason of the foregoing, the plaintiff, DONNA GALLO, has sustained

      serious injuries and damages in an amount in excess of the monetary jurisdictional limits of any

      and all lower Courts which would otherwise have jurisdiction, in an amount to be determined

      upon the trial of this action.

                                 AS AND FOR A FOURTH CAUSE OF ACTION
                                 ON BEHALF OF PLAINTIFF, DONNA GALLO:

               62.       That plaintiff repeats, reiterates and realleges each and every allegation as

      contained in the First, Second and Third Causes of Action of the within Complaint, with the

      same force and effect as though each were more fully set forth at length herein.

               63.       That at all times mentioned herein, the defendants, DARIUSH ZARGAROFF

      PHYSICIAN, P.C. d/b/a DAIirCTSH ZARGAROFF, M.D., P.C. and DARIUSH ZMGAROFF,

      M.D. dk/a DAVID ZARGAROFF, M.D., individually, jointly and severally and NEW YORK

      OB/GYN ASSOCIATES, failed to inform the plaintiff as to the exact nature and extent of the

      plaintiffs condition and failed to inform the plaintiff as to the risks, complications, consequences

      and dangers of the care, treatment and procedures the defendants undertook to perform andor

      failed to perform upon the plaintiff, and further failed to inform the plaintiff as to the possible

      alternate methods of treatment andlor procedures applicable to the plaintiffs condition.


                                                         16


Supreme Court Records OnLine Library - page 18 of 25
                64.      That had the plaintiff, DONNA GALLO, known of the foregoing nature and

      extent of her conditions and the risks, complications, consequences and dangers of the care,

      treatment and procedures the defendants, DARIUSH ZARGAROFF PHYSICIAN, P.C. d/b/a

      DARIUSH ZARGAROFF, M.D., P.C.and DARIUSH ZARGAROFF, M.D. alWa DAVID

      ZARGmOFF, M.D., individually, jointly and severally and NEW YORK OB/GYN

       ASSOCIATES, undertook to perform and/or failed to perform and had the plaintiff h o w n the

      possible alternate methods of treatment, management and/or procedures applicable to her, she

      would have chosen other necessary, required and alternate methods of treatment, so as to have

       avoided serious and severe injwy.

                65.      That by reason of the failure to obtain the informed consent of the plaintiff and in

       failing to properly inform the plaintiff, she was caused to suffer serious injuries and damages.

                66.      That by reason of the foregoing, plaintiff, DONNA GALLO, has sustained serious

       injuries and damages in an amount in excess of the monetary jurisdictional limits of any and all

       lower Courts that would otherwise have jurisdiction, in an amount to be determined upon the

      trial of this action.

                                   AS AND FOR A FIFTH CAUSE OF ACTION
                                  ON BEHALF OF PLAINTIFF, DONNA GALLO
                67.      That plaintiff, DONNA GALLO, repeats, reiterates and realleges each and every
       allegation as contained in the First, Second, Third and Fourth Causes of Action of the within
      Complaint, with the same force and effect as though each were more fully set forth at length
      herein.
                68.      The defendants, DAFUUSH ZARGAROFF PHYSICIAN,P.C.d/b/a DARIUSH
      ZARGAROFF, M.D., P.C.and DARIUSH ZARGAROFF, M.D. &a DAVID ZARGAROFF,
      M.D., individually, jointly and severally and NEW YORK OB/GYN ASSOCIATES, their


                                                          17

Supreme Court Records OnLine Library - page 19 of 25
      servants, agents, affiliated physicians, surgeons, anesthesiologists, interns, residents, aides,
      nurses and/or employees negligently cared for andor were incompetent andor unqualified to
      order, recommend, request, advise, perfom, render, or provide such professional surgeries
      examinations, evaluations, care, treatments, procedures, tests, studies, services, or advice of, for,
      and to the plaintiff, DONNA GALLO.
                69.      That the foregoing, by the negligent care and maintenance of the plaintiff, was
      occasioned and caused wholly and solely by the carelessness, negligence, unskillfulness,
      unprofessionalism, wilfulness and wantonness of the defendants, their servants, agents, affiliated
      physicians, surgeons, anesthesiologists, interns, residents, aides, nurses and/or employees
      including the "Doctrineof Res @sa Loquitur".
                70.      That the foregoing was occasioned and caused wholly and solely by the
      carelessness, negligence, unskillfulness, unprofessionalism, wilfulness and wantonness of the
      defendants, DARIUSH ZARGAROFF PHYSICIAN, P.C.d/b/a DATUUSH ZARGAROFF,
      M.D., P.C. and D m S H ZARGAROFF, M.D. &/a                        DAVID ZARGAROFF, M.D.,
      individually, jointly and severally and NEW YORK OB/GYN ASSOCIATES, their surgeons,
      servants, agents, affiliated physicians, anesthesiologists, interns, residents, aides, nurses andor
      employees,


                WHEREFORE, the plaintiff, DONNA GALLO, demands judgment against the

      defendants DAlUUSH ZARGAROFF PHYSICIAN, P.C. d/b/a DARIUSH ZARGAROFF,

      M.D., P.C. and D W S H ZARGAROFF, M.D. aMa DAVID ZARGAROFF, M.D.,

      individually, jointly and severally and NEW Y O N OB/GYN ASSOCIATES herein, the amount

      sought on each Cause of Action being in excess of the monetary jurisdictional limits of any and

                 ors
      all lower C u t which would otherwise have jurisdiction, in amounts to be determined upon the



                                                        18


Supreme Court Records OnLine Library - page 20 of 25
      tial of this action, together with the costs and disbursements of this action, and with interest

      fiom the date of this occurrence.


      Dated:             Bronx, New York
                         May 5,2005

                                                            Yows, etc.,

                                                            RICHARD L. GIAME'A, ESQ., P.C.
                                                            Attorney for the Plaintiff
                                                            DONNA GALL0
                                                            860 Grand Concourse, Suite 1H
                                                            Bronx, New York 10451
                                                            (718) 665-7700




                                                       19

Supreme Court Records OnLine Library - page 21 of 25
                                                       VERIFICATIQN




   STATE OF NEW YORK                              )

   COUNTY OF BRONX                                )Sun:



            DONNA GALLO, being duly sworn, deposes and states:

            I am the plaintiff in the within matter. I have read ths annexed Complaint and know

  the contents thereof and the same are true to my knowledge, except those matters therein

  which are stated to be alleged upon information and belief, and as to those matters I

   believe them to be true.




  Sworn to before me this -            2.hd-




   Notary Public




                                                           19
Supreme Court Records OnLine Library - page 22 of 25
       SUPREME COURT OF THE STATE OF NEW YORK
       COUNTY OF NEW YORK


                                                                         Index Number: - - -
                                            Plaintiff,

                          - against -
       DARKJSH ZARGAROFF PHYSICIAN, P.C. d/b/a
       DARIUSH ZARGAROFF, M.D., P.C. and DARIUSH
       ZARGAROFF, M.D. &a DAVID ZARGAROFF, M.D.,
       individually, jointly and severally and NY OB/GYN
       ASSOCIATES,




                             CERTIFICATION PURSUANT TO 22 N y C W 6 130-1.1


                I hereby certify pursuant to 22 NYCRR    4 130-1.1 that, to the best of my knowledge,
       information and belief, formed after an inquiry reasonable under the circumstances, the

       presentation of the within papers are not fiivolous as defined in 22 NYCRR $130-1.l(c),


       Dated:            Bronx, New York
                            - -
                         May 5,2005                                                              rh




                                                                                       --
                                                          Attorney for the Plaintiff
                                                          DONNA GALLO
                                                          860 Grand Concourse, Suite 1H
                                                          Bronx, New York 10451
                                                          (7 18) 665-7700




Supreme Court Records OnLine Library - page 23 of 25
                                                                                 IndexNo.:         __
            D m S H ZARGAROFF PHYSICIAN, P.C. d/b/a
            DARKJSH ZARGAROFF, M.D., P.C. and
            DARIUSH ZARGAROFF, M.D. alWa DAVID
            ZARGAROFF, M.D., individually,jointly and
            severally and NEW YORK OB/GYN ASSOCIATES,




                                                 CERTIFICATE OF MERIT

                     RICHARD L. GIAMPA, an attorney duly licensed and admitted to practice

            before the courts of the State of New York, hereby affirms and certificates the following

            under the penalty of perjury:

                     I am the attorney for plaintiff (s) in the above-captioned action. I hereby certify
            that I have reviewed the facts in this case and have consulted with a
            physician/doctor/dentist/podiatristlicensed to practice in the State of New York whom I
            reasonably believe is knowledgeable in the relevant issue (s) involved in this action. I
            have concluded on the basis of such review and consultation that there is a reasonable
            basis for commencement of this action.
            Dated: Bronx, New York
                   April 21,2005

                                                          Law me of
                                                               c




                                                          Attorney for Plainti@
                                                          860 Grand Concourse, Suite 1-H
                                                          Bronx, New York 10451
                                                          (718) 665-7700




Supreme Court Records OnLine Library - page 24 of 25
c




                                    SUPREME COURT OF THE STATE OF NEW YORK
                                             COUNTY OF NEW YORK

                                                           DONNA GALLO,

                                                                             Plaintiff,
                                                              -against-

                                       DARIUSH ZARGAROFF PHYSICIAN, P.C.         d/b/a
                                           DARIUSH ZARGAROFF, M.D., P.C.      and
                                         DARIUSH ZARGAROFF, M.D. a/k/a DAVID
                                         ZARGAROFF, M.D., individually, jointly and
                                      severally and NEW YO= OB/GYN ASSOCIATES,

                                                                                Defendants.


                                         SUMMONS AND VERIFIED COMPLAINT




                                                 RICHARD E. G W A , ESQ.,P.C.
                                                      Attorney for Plaintzf
                                                       DONNA GALLO
                                                      860 Grand Concourse
                                                            Suite 1-H
                                                     Bronx, New York 10451
                                                         (718) 665-7700




    Supreme Court Records OnLine Library - page 25 of 25

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:4/15/2012
language:
pages:25