May 01, 2002

Dr. Barrie Soloway Sued by Eric Schuler-Dalverny for for Medical Malpractice

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_________________________________________________
ERIC SCHULER-DALVERNY,

                                                                                Plaintiff,

                                - against -

BARRIE SOLOWAY and VISTA ALLIANCE EYE 
CARE ASSOCIATES,

                                                                                Defendants.
_________________________________________________

        PLAINTIFF, by his attorney, as and for her Verified Amended Complaint, alleges as follows upon information and belief

        1.    This action falls within one or more of the exemptions set forth in CPLR 1602.

        2.    At all times hereinafter mentioned, Defendant BARRIE SOLOWAY was, and represented himself to be, a physician licensed to practice medicine in the State of New York.

        3.    At all times hereinafter mentioned, the defendant VISTA ALLIANCE EYE CARE ASSOCITES, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York.

        4.    At all times hereinafter mentioned, the defendant VISTA ALLIANCE EYECARE ASSOCIATES was and still is a foreign corporation doing business in the State of New York.

        5.    At all times hereinafter mentioned, the defendant VISTA ALLIANCE EYECARE ASSOCIATES was and still is a partnership doing business in the State of New York.

        6.    Defendants rendered medical care and treatment to plaintiff.

        7.    At all times hereinafter mentioned, the individual defendant was the agent, servant, partner and/or employee of VISTA ALLIANCE EYECARE ASSOCIATES, and was acting in the furtherance of the business of the VISTA ALLIANCE EYECARE ASSOCIATES, and they were united in interest together.

        8.    At all times hereinafter mentioned, each of the defendants, their agents, servants, partners and/or employees, undertook and agreed to render medical care, advice, consultation and treatment to the plaintiff herein and did render certain care, advice, consultation and treatment between November, 1998 and December 2, 1999, inclusive.

        9.    On or about November 27, 1998, the defendants performed refractive eye surgery on the plaintiff.

        10.    Each of the defendants, their agents, servants, partners and/or employees, were negligent and careless in the services rendered for and on behalf of the plaintiff; in negligently and carelessly failing and neglecting to heed the plaintiff's condition; in negligently performing refractive eye surgery; in negligently and carelessly taking a history; in negligently and carelessly failing to examine and evaluate the eyes of the plaintiff; in negligently and carelessly discharging the plaintiff without adequate follow-up procedures; in failing to take adequate tests; in failing to promptly and properly perform refractive eye surgery; in failing to promptly and properly perform tests and procedures; in failing to heed the complaints of the plaintiff; in ignoring the complaints of the plaintiff; in negligently and carelessly departing from accepted practices and services rendered; in performing contraindicated procedures on the plaintiff; in failing to perform indicated procedures; in failing to follow good practice; and otherwise being negligent.

        11.    As a result of the foregoing, the plaintiff was rendered sick, sore, lame and disabled, suffered injuries, pain, mental anguish and loss of enjoyment of life, was compelled to seek medical care and attention, incurred expenses thereof, and was permanently injured and disabled.

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

        WHEREFORE, plaintiff demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all other courts that would have jurisdiction.

Posted by Admin at May 1, 2002 11:21 AM