According to an article published in the New York Law Journal, dated September 11, 2012 (, a patient who was playing flag football and suffered a fracture of the “tibial plateau” which affects the knee joint, in her left leg. She was taken to Beth Israel Medical Center, however her parents wanted her to be transferred over to the Hospital for Special Surgery. The patient filed a lawsuit against Beth Israel Medical Center claiming that they were negligent for failing to diagnose or treat Compartment Syndrome, which the patient claimed resulted in another diagnosis months later of foot drop. The defendants, Doctors Wirtner and Arsht and Beth Israel Medical Center, filed a motion for a summary judgment to dismiss the medical malpractice lawsuit filed against them. They provided an affirmation of Dr. Strauss, who stated that the patient did not have Compartment Syndrome at any time while being treated at Beth Israel, nor did she have it when she arrived at the Hospital for Special Surgery, and noted that the patient was tested for the syndrome there. The court agreed and found the patient’s expert witnesses to be inadequate. The court ruled that the patient failed to sustain her burden of proof and concluded that the defendants were entitled to a dismissal.

We at the law offices of Jayson Lutzky, P.C. can provide you with the information you need on what your options are if you have been injured due to an accident, and how this can affect the outcome of an accident case. If you have been injured in an accident case and you are in need of legal advice, please feel free to call us at 1-800-660-5299 for a free initial consultation or visit our website