IN THE HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE

 

 

 

CINDY O’NEILL
521 SAMANTHA DRIVE
BALTIMORE, MARYLAND

                        Plaintiff,
            v.

DAVID P. SUCOSIS, M.D.
106 MILFORD STREET SUITE 307
BALTIMORE, MD 21202

AND

DAVID P. SUCOSIS, M.D., P.A.
106 MILFORD STREET, SUITE 307
SALISBURY, MD 21202

                       
SERVE ON:

RESIDENT AGENT
DAVID KENNEDY
212 EAST MAIN STREET
BALTIMORE MARYLAND 21230
                        
                       Defendants

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CASE NO.:

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STATEMENT OF CLAIM

     Cindy O’Neil, claimant herein, by her attorneys Ronald V. Miller, Jr. and Miller & Zois, LLC, and hereby files this claim against the Defendants David P. Sucosis, M.D.  and David P. Sucosis, M.D., P.A. and in support thereof states as follows:

FACTS

  1. The Plaintiff is a resident of Baltimore, Maryland.
  2. The Defendant David P. Sucosis, M. D. is a physician licensed to practice medicine in the State of Maryland and regularly engages in the practice of medicine in Baltimore, Maryland.
  3. The Defendant David P. Sucosis, M.D., P.A. is a Maryland Corporation with its principle corporate office located at 106 Milford Street, Baltimore, Maryland 21202.
  4. That Defendant David P. Sucosis, M.D., P.A. is a Maryland Corporation engaged in the practice of medicine in the State of Maryland by and through David P. Sucosis, M.D.
  5. That the amount of this claim exceeds the jurisdiction limit of the District Court of Maryland (i.e. $30,000.00) and the appropriate venue for this claim is Baltimore, Maryland as both Defendants maintain their principle place of business in Baltimore, Maryland and as the incident of medical malpractice occurred in Baltimore, Maryland.
  6. That David P. Sucosis, M.D. is the President of David P. Sucosis, M.D., P.A.
  7. That on January 13, 2011, David P. Sucosis, M.D. was employed by David P. Sucosis, M.D., P.A.
  8. That on or about January 13, 2011, David P. Sucosis, M.D. provided medical services to the Plaintiff in Baltimore, Maryland in the form of an operation (an attempted hysterectomy).
  9. That during the Plaintiff’s surgery on January 3, 2012, David P. Sucosis, M.D. was acting as an agent/employee of David P. Sucosis, M.D., P.A. and was providing medical services to the Plaintiff within the scope of that agency/employment.
  10. That during the Plaintiff’s surgery on January 3, 2012, David P. Sucosis, M.D. lacerated the Plaintiff’s left iliac vein and artery causing severe physical injury and conscious pain and suffering to the Plaintiff.
  11. That during the Plaintiff’s surgery on January 3, 2012, David P. Sucosis, M. D. owed a duty to the Plaintiff to perform the surgery within an acceptable standard of medical care within the medical community and David P. Sucosis, M.D. breached this standard of care by lacerating the Plaintiff’s left iliac vein and artery causing the Plaintiff physical injury.
  12. Tcomplaintmalpracticehat as a direct and proximate result of the breach of the applicable standard of medical care by David P. Sucosis, which resulted in the laceration of the Plaintiff’s left iliac vein and artery, the Plaintiff: 1) suffered conscious pain and suffering in the past and will suffer  conscious pain and suffering into the future, 2) incurred past and future lost wages, 3) suffered  loss of earning capacity in the past and into the future, 4) suffered loss of household services in the past and into the future, 5) incurred medical expenses in the past and will incur future medical expenses, 6) suffered mental anguish, 7) suffered permanent physical injuries and disfigurement, and 8) was required to undergo additional medical procedures and has sustained other damages.
  13. That all of the injuries and damages sustained by the Plaintiff were the direct and proximate result of the negligent actions of David P. Sucosis and David P. Sucosis, M.D., P.A. without any act or omission on the part of the Plaintiff directly thereunto contributing.
  14. That the Plaintiff did not assume the risk of her injuries.

COUNT I (Negligence – Medical Malpractice)

  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-14 above.
  2. That David P. Sucosis, M.D. deviated from the acceptable standard of medical care during the surgery he performed on the Plaintiff on January 3, 2012 and that this deviation was the direct and proximate cause of the laceration of the Plaintiff’s left iliac vein and artery and the direct and proximate cause of all of the Plaintiff’s injuries and damages.

WHEREFORE: The Plaintiff claims damages against David P. Sucosis, M.D. individually in an amount to be determined at trial, plus costs, and for any further relief that this Honorable Court determines necessary and appropriate.

 

COUNT II (Negligence – Medical Malpractice via Agency)

     The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-16 above.

     That at the time of the surgical procedure performed on the Plaintiff on January 3, 2012 by David P. Sucosis, M.D., David P. Sucosis, M.D. was acting within the scope of his employment and agency with Defendant David P. Sucosis, M.D., P.A.

     WHEREFORE: The Plaintiff claims damages against David P. Sucosis, M.D., P.A. in an amount to be determined at trial, plus costs, and for any further relief that this Honorable Court deems necessary and appropriate.

 

Respectfully submitted,
MILLER & ZOIS, LLC

_________________________________________

Ronald V. Miller, Jr.
Empire Towers, Suite 1001
7310 Governor Ritchie Highway
Glen Burnie, MD   21061
(410) 553-6000
(410) 760-8922 (facsimile)
Attorneys for Plaintiff