Dr. Mark Speaker Sued by Mark Schiffer for Medical Malpractice

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X

MARK SCHIFFER, Index No. 101191-03
Plaintiff,

AMENDED
VERIFIED COMPLAINT

-against-

MARK G. SPEAKER, M.D., LASER AND CORNEAL
SURGERY ASSOCIATES, P.C., TLC THE LASER
CENTER (NORTHEAST) INC. otherwise known as TLC
LASER EYE CENTERS, REGINA ZYSZKOWSKI and
DRS. FARKAS, KASSALOW, RESNICK and ASSOCIATES, P.C. ,

Defendants.

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Plaintiff, as and for his Verified Complaint, by his attorneys, LAW OFFICES OF TODD J. KROUNER, alleges as follows:

FIRST CAUSE OF ACTION

1. At all times mentioned, the defendants, their agents, servants, and/or employees, undertook and agreed to render medical care and treatment to plaintiff Mark Schiffer and did continuously render such care and treatment between on or about September 29, 2000 and July 11, 2001, and at other times.

2. The defendants, their agents, servants, an/or employees, were negligent in the services rendered for and on behalf of plaintiff, in failing to use reasonable care; in failing to heed plaintiff’s condition; in departing from accepted standards in the procedures and treatment performed; in failing to follow appropriate practice; in failing to properly examine plaintiff; in failing to properly treat plaintiff’s eyes; in failing to determine that plaintiff was not a candidate for Lasik eye surgery; in performing Lasik eye surgery on plaintiff when said procedure was contraindicated; and were otherwise negligent in their treatment of plaintiff.

3. As a result, plaintiff Mark Schiffer was permanently injured and has incurred special damages.

4. As a result, plaintiff was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

SECOND CAUSE OF ACTION

5. Plaintiff repeats every allegation contained in the prior paragraphs of this complaint.

6. Defendants, their agents, servants, and/or employees, failed to provide plaintiff Mark Schiffer with the information that reasonably prudent medical practitioners should have provided under the circumstances, and failed to make plaintiff aware of the risks and benefits of, and the alternatives to, the procedures employed.

7. A reasonably prudent person, being fully informed, would not have consented to the procedures employed by defendants, their agents, servants, and/or employees.

8. The procedures employed, and the failure to employ appropriate procedures, were the competent producing cause of the injuries suffered by plaintiff.

Dated: Chappaqua, New York

March 4, 2003

Yours etc,

__________________________________
TODD J. KROUNER
LAW OFFICES OF TODD J. KROUNER
Attorneys for Plaintiff
113 King Street
Chappaqua, New York 10514
(914) 238-5800

TO: ANDREW M. NEUBARDT, ESQ.
Rende Ryan & Downes, LLP
Attorneys for Defendants
Regina Zyskowski and
Drs. Farkas, Kassalow, Resnick & Associates, P.C.
202 Mamaroneck Avenue
White Plains, NY 10601
(914) 681-0444

Mark G. Speaker, M.D.
115 East 57th Street
New York, New York 10022
Laser and Corneal Surgery Associates, P.C.
115 East 57th Street
New York, New York 10022

TLC The Laser Center (Northeast) Inc. a/k/a TLC Laser Eye Centers
c/o CT Corporation System
1633 Broadway
New York, New York 10019

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MARK SCHIFFER,

Plaintiff,

-against- CERTIFICATE OF MERIT

Defendants.

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The undersigned, an attorney admitted to practice in the courts of New York State, shows:

Affirmant is the attorney of record of plaintiff in the above-captioned action and states:

1. I have reviewed the facts of this case.

2. I have consulted with at least one physician, duly licensed to practice, whom I reasonably believe is knowledgeable in the relevant issues involved in this particular action.

3. I have concluded on the basis of said review consultation that there is a reasonable basis for the commencement of this action.

Dated: Chappaqua, New York
March 4, 2003

______________________________

Todd J. Krouner

VERIFICATION

STATE OF NEW YORK )

ss.:

COUNTY OF NEW YORK )

MARK SCHIFFER, being duly sworn, deposes and says:

That I am the plaintiff in the within action and I have read the foregoing Summons and Verified Complaint and know the contents thereof; that the same is true to my own knowledge, except as to those matters stated to be alleged upon information and belief, and as to those matters, I believe them to be true, based upon my knowledge of the factual background of this case.

________________________

Mark Schiffer

Sworn to before me this

____ day of March, 2003

________________________

Notary Public

STATE OF NEW YORK )

)ss.:

COUNTY OF NEW YORK )

Teresa Zeigler, being duly sworn, deposes and says:

I am not a party to this action; am over 18 years of age and am a legal assistant at the Law Offices of Todd J. Krouner, 565 Fifth Avenue, NY 10017.

On March 4, 2003, I served the within AMENDED VERIFIED SUMMONS & COMPLAINT, by depositing a true copy of same, enclosed in a post paid properly addressed wrapper in a post office under the exclusive care and custody of the U.S. Postal Service within the State of New York, to the person(s) below and addressed as follows:

TO: ANDREW M. NEUBARDT, ESQ.

Rende Ryan & Downes, LLP
Attorneys for Defendants

Regina Zyskowski and Drs.
Farkas, Kassalow, Resnick & Associates, P.C.
202 Mamaroneck Avenue
White Plains, NY 10601
(914) 681-0444

Mark G. Speaker, M.D.
115 East 57th Street
New York, New York 10022
Laser and Corneal Surgery Associates, P.C.
115 East 57th Street
New York, New York 10022

_______________________________

Teresa Zeigler
Sworn to before me this
4th day of March, 2003
_______________________

Notary Public