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36 Nassau Law. 1 (1988)

handle is hein.barjournals/nassau0036 and id is 1 raw text is: Ni ASSAU LTWYI

VOl.. 36, NO I, SEM'VEMBER, 1988


Stephen Gassman Installed as NCBA President

Jud y ght  tified on theplaintiff's case.
Sis testimonyirdicated that Ire
was unsure whether the
The evening of Thursday.  anesthcsia wasadnInistcredby
seI,ternbcraz,i8..wlmarkthe  himself or by tire rcgrterel
celebrationofJudidaryNightat nurse'anestheitist. the defern
th- home of the Association.  dant Martin Ouinn  leh
1grnningatfnS : fopmekstvtlcs  testimony showed that the
vill Include a gala cocktail par'  phlntff.arequttedtobc Post
ty featuringa samplingof foods  tionedonhevstomachtirccthe
homaroutidtheworld.WeIn'  tumors were on her back
vite you tooin with the offices  Therefore I huror chose to ad
and theBord  Directotsofthe  minister theanesthlea through
Bar Assorationaswehonorthe  the hand rather than through
distinguished ludges of our  the nose and mouth. rive days
communt'.TlsIsisawonctful  post operation, the plaintiff
opportunity to meet informal'  developed two blood clots in
lycolleaguesoftheCourtroom, the superficial dorsal vein
aswcllassl'arecaaraderieand  segments of her left hand and
convesaton with notables in  wrist. Approximately two
tile legal community.     months later the clots and the
surrounding vein segments
R ata  were surglcally removed. The
thcory of labilty hinged upond
By Arlene Zalyel     whether or not it was a dcvia.
ton from good and accepted
SKNOWL EDGE IS Of 1 0O   medical practice to inlect IV
INDS.WI KNOWASUBJECT       vallum intosmall vcenssuclas
OtIRSKLVIS. OR WE NOW    those on tie dorsumi of tire
%VIIVRF WE CAN I IND IN.   hand. The defendant rhurer.
I ORmATION UPON IT.'       whiletestifyingacknowledged
SAMUELJOIINSON     that the Physician's Desk
RrADYGoodMomingDoctor.    Reference (PDR) Is an
.oodL Morning.            arthoritathesourccofinforma.
AIM Doctor. do you consider  lion. The PDR sets forth the
thi, textatithoritathcl Yecldo.  manufacturer's recomnda
I IRe, Anaruthoritativetextbook  tions which state tint IV vallum
at a loadedgun in thearsenalof  maylirritatethe vess walland
trial attorey. The bsflets fly  can cause blood clot% %vlhen In
whena well-read doctor is con  troduced into small vetn. Nurse
fronted by a literate lawyer.  Quinn alsotestified.llehad no
Manuals, pamphlets, and   independent recollectionofthe
,hrcrvtpiovide ammunition in  plaintill's treaiment. Quinnalso
ltrally every case Counsel  adnittedthatVvalunishould
tiblesoftenrcsemblefortresses  not be introduced into small
irielded by protectIvdir stack-  veins. (Thecase was ultimately
ed volume,. The trial may be a  dismissed against nurse Quinn
true battle of the books. And  since he was an employee of
ncwa lootl at howsomerecent  Thurer, thus Thurer would be
I rriors have fared:     legally responsible for the acts
chiazon Puclullo ' gerald  of his employec in any event )
llnte.DO.andMarttf QuIn.  Theplaintifftestifiedtirzt there
3 N. Suirteme Cotrt, Nassau_ - ad been6 soattcmptcd injec
A 1ntv Before' lion. Justice  tfons It her hand.Slr cx
I lines . Brucia May Ion  periencedpain vhensheawvoke
'''rdrct: 16oo0,0o 00   in theemergencyroomandwas
I hit wa  a medical malprac  thereafter treated for the clot
ire iction which stemmed   condition. Plaintiffallegedsym
fi-im the administration of In  pathetic reflexdystrophywith
,rAlenousvalium Plaintiff, a  resultant causalgia which
rtventy reven year old female  creates a constant burning
.,.a, admitted to Massapequa  pain-inherhand. Flantiff who
;encralll .,pitalin igi9for the  wasa manicunst,statcdthatshe
removal of several lipomas  has been unable to work ince
'rnall benign tumors) on her  theincidentoccured.plaintiff
flck, lIt isasa minor procedure  produced Barnett A. Greene,
llat vtas scheduled to last ap  M.D..ananesthesiologis.,who
ptoximately i, eminutes.iPrior  testified that the introduction
to tire oi eration, plaintiff was  oflIVvalium intothedorsumof
lrnitered IV valum thro  the hand was a deviation from
.Fh' tile Jonsum of her hand.  goodandacceptedpsactkeand
I le ddend irt.Gerald I huror,  that thedeviatloncauscdthein

hurv. Dr. Andrew Fischer
I ie def ense produced anex.
pert anestliestologistEdw-ardC.
Srirot,M D.whotestificdtlhat
the anestlesla administered
was tire best choce under the
crcumstances. lie stated that
tire thrombus could not be
causally related to tire vallum.
Tire defense also produced
Frnesto Capulong. M.D,, a
rehabilitative   medicine
,pccialist who testified to
dispute the existence of tire
Sympathetic Reflex Dystrophy.
Ihe defndant called a former
emsiploye and two Investigators
who testified that the plaintiff
had continued to work as a
tmsanicitist andlrad participated
In various activties. The jury
returned   a  verdict of
16ooooo oo, which was recrc
cd by 25% for the plaintiff's
negligence for failing to follow
tile doctor's advice following
tire surgery.
Note. Informaton provldcdby
attorney fortheplai,.tiff.David
Dean. Esq.
charrels of JOHNI]. CAVA rcT
Individually I, NORMAN
Supreme Court, Nassau County,
Bcfore'lion justice[ tenderson
May li;M
Defendant's verdict
This action was for medical
malpractice. The case was
brought on behalfofthe deceas
cd plaintiff, a )o year old male.
who diedof cardiac Infarction.
The evidence snowed that the
defendant, Dr. Lampart, a
general practitioner, had
treated the plalntiffononlyonc
occasion. On that visit the do<.
tot treated a superficial lacera.
tI on. Approximately five) -irs
later the plaintiff underwent a
physical examination con.
ducted by the defendant, The
New York Diagnostic Center. At
tlietimcoftheexam, thedccc.
dent listed the defendant
Lampett as his family physician.
The center prepared a medical
report which tncluded findings
of rectal bleeding anda history
showing thut the plaintiff's
mother had died of a heart at.
tack and that the decedent
smoked cigarettes. A copy of
tils report was sent by the

By Arlene Zayet
Tlented. Dedicated, lIfardworrig. These are the quaites
repeatedly mentioned in legal circles to characterize 'rephne
Gassmnan. the President of the Nassau County Bar Association As
Prcsldcnt.Gassmanwillemploy thesequalftlestolead the Asso u
tfor towards fulfillinghisgoalsof servicing the public. theberchl.d
the baraswllasehlsancihtg theimagCof lwyers ToseAe thec(NII
munrrtv andtlcprofcssionwhilesimuaneously %%orkingtomilj, r
thc purblicperceptionof attorneys isa mammoth tas.k irocassna3rr
It isan ac.lcvablcgoal.But then,heisknownforhsablltytoadc.is.'
Gassman, whose practice Is concentrated in the mati
monialand familvaw aca...wdelyrecognzed asan expert In th NM'
fteld of law, I - is a Fellow and Member of ifhe Boardof Examfiry.
ot the American Academy of Matrimonia! :,,yees. Nei% loil,
Chapter.and hasserved as editorofthat prestigiousorganizationi
Matrimonial Law journal:' Gassman is the Secretary of the New
York State Bar Association's Family Law section and Is a Fellow of
the New York Bar Foundation. Additionally, he has contributed to
numerous publications including the Hew York State Bar Assoca
(ion's Family Law Review and the Nassau Lawyer Gassman has
authored a chapter which appears Ina matrimoniallaw text published
by Matthew Bender. lie Isalsoa member of the Boardof Editors of
the New York FamilyLaw Report' rurthermore.cassman isa fie
quent lecturer at matrimonal law seminars and symposiums. lie
has lectured for the New York State Bar Association, the New York
State Trial Law; crs Association, the American Academy of
Matrimontal lawyers, the New York Law Journal the American
BarAssociationthe Nassau County.Suffolk County and Westchester
County Bar Associations,              (continued on page 4J
Attorney-Draftsman as Executor
The Man in the Mirror
By John E. R~w, Eq.

if your practice involves the
drafting of wills, there may
cornea time when a dient asks
you to be his executor. Before
graciously accepting such an
honor, an attorney sho'ild
seriously reflect upon the
ethical implications that arise
when the draftsman of a will
assumes this fiduciary mantle.
Indeed, a recent trend of
ludiclal scrutiny and heighten.
oil regulation niatdates that the
attorney closely analyze the
dual rolesof drahtsman and ex.
ecutor under a will.
The Code of Professional
Responsibility specifically ad-
dresses the invoivement of an
attorney as a chent's executor
nominee.The Code states!'EC

5 6. A lawyer should not con
sciolouly Influence a client to
name him as executor, trustee.
or lawycr In an Instrument In
those cases where a client
wishes to name his lawyer as
such, care should be taken by
thelawyertoavoldev'enthe ap
peatanceoflmproprlety (em
phasis supplied).
This rule recognizes that an
attomey draftsman, particular
1 when dealing with an un
sophisticated client. is unique
employment as executor of the
client's estate. Thus. by employ
Ing the phrase con.IouSly In
fluence, the Code seeks to in
teidict conduct Involvingrfaless
(continued on page t41

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