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March 12, 2021
On Wednesday the court issued an opinion in a case against NYC Medical Practice P.C. et al. The case, filed in the Southern District of New York, dealt with a case of medical malpractice and the validity of a general release.
The plaintiff received a cosmetic procedure and returned home to Ohio for recovery. The surgical site did not heal well and the patient ended up receiving further treatment and surgery to remediate the later effects. After receiving further treatment, the patient reached out to the defendant original provider and demanded a refund after communicating details of the further treatment required. The defendant agreed to provide a refund after the plaintiff signed a waiver. Later the plaintiff filed suit for medical malpractice, which the defendant moved for dismissal due to the general waiver of liability.