Lastly, plaintiff is moving for summary judgment on liability.
Giannakakos, as plaintiff's private attending physician performed the procedure, and it, nor its employees were liable for any deviations or injury. The defendant Staten Island University Hospital is moving for summary judgment on the ground that Dr. The plaintiff is moving to amend the complaint to include a second cause of action (Lack of Informed Consent), third cause of action (Res Ipsa Loquitur) and a fourth cause of action (Breach of Contract). Giannakakos is moving for dismissal of the plaintiff, John Pesce's derivative claims on the ground that the plaintiffs were not married at the time of the alleged negligence. This action was thereafter commenced.Īt present, discovery is complete and the case is set for immediate trial. Giannakakos with complaints of burning and pain sensation. After the procedure, on several occasions, the plaintiff presented back to Dr. Alex Giannakakos, plaintiff's private attending physician, performed the procedure to treat uterine fibroids which were discovered during the plaintiff, Joan Pesce's visit to Dr. It is undisputed that on or about June 26, 2006, the plaintiff Joan Pesce, was admitted to Staten Island University Hospital to undergo the aforementioned procedure. On or about May 22, 2008, the plaintiffs, Joan Pesce and John Pesce, commenced this medical malpractice action against the defendants after plaintiff, Joan Pesce, allegedly sustained burns on her lower genital tract after undergoing a global uterine ablative procedure known as hydrothermal ablation (HTA) and laparoscopic tubal ligation.
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