Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dilworth v. Goldberg

United States District Court, Second Circuit

October 23, 2013

ANTHONY G. DILWORTH and PATRICIA DILWORTH, Plaintiffs,
v.
RANDY GOLDBERG, M.D., et al., Defendants.

OPINION AND ORDER

GABRIEL W. GORENSTEIN, Magistrate Judge.

Anthony Dilworth ("Dilworth") and Patricia Dilworth (together, "plaintiffs") have brought this action arising out of Dilworth's confinement in the Westchester County Jail (the "WCJ"). They allege various federal and state claims against Westchester County, the Westchester County Health Care Corporation, and 36 individual defendants.

Dilworth now moves this Court for leave to amend the complaint for a fourth time, adding claims for medical malpractice and gross negligence against defendants Randy Goldberg, M.D., and Gail Bailey-Wallace, M.D.[1] The defendants have opposed Dilworth's motion to amend. For the reasons discussed below, Dilworth's motion is denied.

I. BACKGROUND

A. Procedural History

On March 15, 2010, the plaintiffs filed the complaint in the instant action. See Complaint, filed Mar. 15, 2010 (Docket # 2). On April 2, 2010, plaintiffs amended their complaint for the first time. See First Amended Complaint, filed Apr. 2, 2010 (Docket # 8). On September 14, 2010, the Court granted plaintiffs leave to file a second amended complaint, see Order, filed Sept. 14, 2010 (Docket # 133), and plaintiffs filed their second amended complaint on September 17, 2010, see Second Amended Complaint, filed Sept. 17, 2010 (Docket # 134).

On January 24, 2012, plaintiffs filed a motion to amend the second amended complaint, seeking, among other changes, to add "medical negligence" and gross negligence claims against Dr. Goldberg and Dr. Bailey-Wallace. See Proposed Verified Third Amended Complaint (annexed as Ex. 1 to Declaration of Michael Deem in Support of Motion to Amend the Second Amended Complaint, filed Jan. 24, 2012 (Docket # 317)), ¶¶ 244-50. The defendants opposed the motion. See County Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Leave to Amend the Second Amended Complaint, filed Feb. 27, 2012 (Docket # 322). On September 13, 2012, this Court granted in part and denied in part plaintiffs' motion. See Dilworth v. Goldberg, 914 F.Supp.2d 433 (S.D.N.Y. 2012) ("Dilworth II"). As part of its ruling, this Court denied plaintiffs' request to add medical negligence and gross negligence claims against Dr. Goldberg and Dr. Bailey-Wallace because such claims would not survive a motion to dismiss. Id. at 472-73. Specifically, we found that plaintiffs' claims for "medical Dilworth's motion as a motion to file an amended complaint, not a supplemental complaint. negligence" were in essence claims for medical malpractice that did not comply with New York General Municipal Law § 50-d, see id. at 472, and that plaintiffs' claims for gross negligence did not state a valid cause of action, see id. at 473.

Since this Court's decision on the motion to amend the second amended complaint, the parties have engaged in extensive discovery. See Declaration of Darius Chafizadeh in Opposition to Dilworth's Motion to File and Serve a Supplemental Complaint, filed Aug. 23, 2013 (Docket #368) ("Chafizadeh Decl.") ¶¶ 44-46. On August 2, 2013, two weeks before the close of non-expert discovery, Dilworth filed the instant motion to amend the third amended complaint.[2] Dilworth attaches a proposed pleading that adds claims against Dr. Goldberg and Dr. Bailey-Wallace for medical malpractice and gross negligence. See Supp. Compl.

B. Alleged Facts

The facts alleged in the proposed pleading are as follows:

Dilworth sustained injuries in a motor vehicle accident in April 2006 and was struck by a car in July 2007. Supp. Compl. ¶¶ 2-4. When he was jailed at the WCJ on October 3, 2008, he informed jail personnel of his injuries, and WCJ medical personnel obtained information regarding his treatment from Dilworth's private physicians. Id . ¶¶ 4-6. However, Dr. Goldberg and Dr. Bailey-Wallace failed to follow these recommendations. Id . ¶ 7. Additionally, they failed to treat Dilworth for the injuries he received from a fall at the WCJ on December 16, 2008. Id . ¶¶ 8-9. Specifically, Dr. Goldberg and Dr. Bailey-Wallace "failed to treat or failed to treat adequately Mr. Dilworth's spinal injuries" which was "a gross deviation from accepted standards of care in light of known prior back injuries." Id . ¶ 9. As a result of Dr. Goldberg and Dr. Bailey-Wallace's inadequate treatment, "Dilworth suffered severe pain for the remainder of his detainment in the WCJ." Id.

II. DISCUSSION

Defendants make a number of arguments opposing the motion to amend, see Opp. Mem. at 1-4, many of which appear to be meritorious. We address just one here - the defendants' argument that any claim filed now would run afoul of the applicable statute of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.