Trial Win for William D. Yoquinto in Medical Malpractice Action
By: Carter Conboy
Bill Yoquinto successfully defended his clients, an obstetrics/gynecology group and two of its physicians, at a lengthy trial held in Albany County Supreme Court before the Hon. Kimberly A. O’Connor.
The plaintiff, a 36 year old woman at the time of the care, alleged that the defendant physicians failed to properly perform a laparoscopic gynecologic surgery causing injury to her sigmoid colon and permanent injuries.
Mr. Yoquinto presented a defense arguing that the medical care provided by his clients was consistent with good and accepted standards of care and they were not guilty of medical malpractice; that his clients timely and appropriately evaluated the plaintiff’s complaints; that his clients provided appropriate treatment options to the plaintiff and obtained her informed consent to treatment; and that there was no deviation from the accepted standard of care in the defendants’ medical care and treatment of the plaintiff. Mr. Yoquinto presented testimony of the defendants, as well as fact witnesses, and an expert witness Board Certified in Obstetrics and Gynecology and Gynecologic Oncology whose testimony supported the defense’s argument that the defendant physicians were not negligent in their treatment of the plaintiff and that the laparoscopic surgery performed was appropriate and within the standard of care.
Plaintiff called a liability expert Board Certified in Obstetrics and Gynecology. Plaintiff’s expert opined that the defendant physicians deviated from the standard of care in performing a closed laparoscopy on the plaintiff which caused the injury to her sigmoid colon. On cross-examination, Mr. Yoquinto addressed factual errors and oversights at the base of the expert’s opinion and testimony, gaps in the expert’s knowledge of current data concerning evidence based medicine as well as exposing some dubious testimony about the human anatomy. Under New York law this expert’s identity was shielded from disclosure until the moment he took the stand. Carter Conboy staff responded immediately as the witness was on direct examination by plaintiff’s counsel and was able to produce substantial information to assist Mr. Yoquinto in challenging the witness’ credibility, including information of an unexplained seven year gap in the expert’s own practice of medicine.
After several hours of deliberation, the jury returned a no cause verdict in favor of the defendants finding that there was no departure from the standard of care.
William D. Yoquinto is a Managing Director at Carter Conboy. Mr. Yoquinto focuses his practice on all phases of defense, including trials and appeals, in matters relating to medical malpractice, product liability, pharmaceuticals, professional licensing, and other liability claims. He has successfully defended lawsuits on behalf of product manufacturers, pharmacies, physicians, and hospitals in various medical specialties including obstetrics, cardiology, emergency care, general surgery, radiology, orthopedics, and critical care, among others. His representation of professionals has also included successful license defense before the State of New York Department of Health’s Office of Professional Medical Conduct (OPMC) and the New York State Department of Education’s Office of the Professions. He can be reached at firstname.lastname@example.org or 518-465-3484.
Carter Conboy is a full-service law firm founded in 1920. With offices in Albany and Saratoga Springs, New York, Carter Conboy serves its clients in New York, Connecticut, District of Columbia, Massachusetts, Ohio, and New Jersey. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or