A medical malpractice lawsuit must continue because an expert raised factual issues over whether a nurse practitioner should have instructed her patient to remove a NuvaRing contraceptive device, a divided Manhattan appeals court ruled.
A 3-2 panel of the Appellate Division, First Department, allowed the lawsuit against Montefiore Medical Center brought by Sarah Adams, who suffered a pulmonary embolism and brain damage, to proceed based largely on a physician’s statements that, “if the nurse practitioner had … removed the NuvaRing, and referred plaintiff for further assessment, all of the subsequent injuries and complications suffered by plaintiff would have been avoided.”
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