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New York Supreme Court For Dr. Colantonio

"Appellate Court Hits Mercy Hospital (Nassau County, NY) With Two More Blows
Mercy Hospital (Rockville Centre, New York) has lost another legal round as we get closer to the day when those who lied in an effort to punish me and destroy my career, because of my patient advocacy, will have to suffer the consequences for their malicious and unethical behavior.

The Appellate Division of the Supreme Court of the State of New York, on November 26, 2010, again ruled in my favor and unanimously decided against Mercy Hospital in Mercy’s third and final attempt, to dismiss the law suit. This time, the Appellate Court, punished Mercy Hospital and their lawyers, and ordered them to pay part of my legal bills. No other appeals are permitted.

The defendants include several physicians, several nurses, and a physician assistant:

Susan Christoffers, RN
Joseph Cohn, MD
Robert Curran, MD
Alan Guerci, MD
Daniel Murphy, MD
John Reilly, MD
Roy Rubenstein, MD
Joseph Sharkey, PA
Nancy Simmons
Helene Vizza, RN-ICU
Xenophon Xenophontos, MD
Joel Yohai
Gregory Zito, MD

One of the defendants (Patricia Tichacek, RN - ICU) was dismissed from the law suit earlier this year; however, if I am not successful in getting my privileges returned, I will amend my Complaint and she will be brought back into the lawsuit because of the lies she told at the Ad Hoc Hearing.

Additionally, more lies were uncovered at recent Corrective Action Hearings and four additional names will be added to the list of liars and will become defendants at some point in the near future.

Eventually, everyone who lied, or will lie, at the Ad Hoc Hearing will be brought into the lawsuit or, if already in the suit, will have additional charges added. Lies and/or malice are not protected by State or Federal Laws and those who maliciously participate or lie will have to face the consequences in civil court and under any administrative actions brought against their licenses.

The court has decided that the lies told at any time during the process will destroy immunity for recovery of damages under State and Federal Law. To quote the panel of four Appellate Court Judges who decided unanimously in my favor, "The plaintiff (Dr. Colantonio) raised triable issues of fact as to whether some defendants knowingly provided false information. The defendants [are] not entitled to immunity from an action to recover damages under the Healthcare Quality Improvement Act."

Additionally, it has been brought to my attention that Mercy Hospital will suffer a 12 Million Dollar loss this year and its future may be in jeopardy. Should Mercy file for bankruptcy, each defendant, who has also been sued personally, would be individually responsible for any monetary award that the court and jury would impose.

My recommendations are (1) don’t lie; (2) don’t get involved or align yourself with liars; and, (3) if you’re not on staff at another hospital besides Mercy, get on staff somewhere else soon. I have always found the Administration at Winthrop Hospital and Franklin Hospital to be very physician-friendly and I highly recommend either or both of those two institutions. If you need assistance in getting on staff at any, or all, of the North Shore – LIJ Hospitals throughout Long Island, please contact me.

This is a major victory for physicians who take a stand to protect their patients and against hospitals such as Mercy Hospital whose present Administration has a dark history of disregarding and trampling upon the rights of patients, physicians, nurses, and other employees.

Please let me know if you have any remaining questions.

Thank you for your continued support.

Happy Holidays!

Sincerely,

Anthony Colantonio, MD, FACS "

#3849 of 3849, Added 12:09AM May 30, 2010 Replying to:

"Is there even a single hospital or shamming entity which has lost its peer review immunity and held responsible for contravening "furtherance in quality of care"

I just received the decision from the Appellate Division, Second Department, in New York State.

Anthony Colantonio, MD vs. Mercy Medical Center, Rockville Centre, NY

2010 NY Slip Op 04330

Published by New York State Law Reporting Bureau pursuant to
Judiciary Law Section 431

"The plaintiff raised a triable issue of fact as to whether, at the meeting of the Committee, some defendants were not entitled to immunity from an action to recover damages under the Health Care Quality Improvement Act."

It was a unanimous decision in our favor and a huge victory for physicians who stand up to protect their patients against Hospitals who place profits before patients.

I'm sure the Hospital is going to attempt an appeal to the NY Court of Appeals and then possibly to the US Supreme Court.

The next few years will be interesting times!

Let's hope the pendulum is beginning to swing in our favor.

Anthony Colantonio, MD, FACS

PS. My next Ad Hoc Hearing session was scheduled for June 2, 2010 but the Hospital has adjourned the Hearing until June 16, 2010

Happy Memorial Day to all and a huge thank you to those military men and women who have given their lives to protect our freedoms and protect peace throughout the world.

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