The plaintiff sued the defendant plastic surgeon for medical malpractice, alleging he breached the standard of care by failing to assess her and obtain x-rays within 7 to 10 days following surgery for a fractured finger.
The plaintiff claimed this delay prevented an immediate repeat surgery and necessitated a more complex corrective procedure months later.
The Superior Court of Justice dismissed the action, finding no established standard of care requiring a general plastic surgeon to conduct a post-operative assessment and x-rays within the 7 to 10-day window.