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

CASE NO.:

STATEMENT OF CLAIM

Cindy O’Neil, claimant herein, by her attorneys Ronald V. Miller, Jr. and Miller & Zois, LLC, and files this lawsuit against Defendants David P. Sucosis, M.D. and David P. Sucosis, M.D., P.A. In support, Ms. O’Neil avers:

FACTS

1. 1. Plaintiff resides in Baltimore, Maryland.
   2. Defendant David P. Sucosis, M. D. is a physician licensed to practice medicine in Maryland and regularly engages in the practice of medicine in Baltimore, Maryland.
   3. 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. 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. This claim exceeds the jurisdiction limit of the District Court of Maryland (i.e. $30,000.00) and the appropriate venue for this suit is Baltimore, Maryland as both Defendants have their principle place of business in Baltimore, Maryland and the medical errors alleged in this claim occurred in Baltimore, Maryland.
   6. David P. Sucosis, M.D. is the President of David P. Sucosis, M.D., P.A.

1. 1. On January 13, 2011, David P. Sucosis, M.D. was employed by David P. Sucosis, M.D., P.A.
   2. On 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).
   3. 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.
   4. 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.
   5. 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.

1. 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 pain and suffering in the past that her doctors say will continue unabated in the future, 2) loss of income in the past, present and future, 3) lost her ability to earn a living in the past and future, 4) suffered loss of household services in the past and into the future, 5) incurred significant medical bills and expenses that will continue in the future, 6)extreme mental and emotional sorrow and anguish, 7) suffered physical injuries that she will carry for the rest of her life, and 8) was forced to get further operations and other medical procedures to recover the best that she could from the harm inflicted upon her. .
2. The harm and losses endured by the Plaintiff were the direct, proximate result of the medical errors committed by David P. Sucosis and David P. Sucosis, M.D., P.A. .
3. Plaintiff did nothing to cause her own injuries. She was not contributorily negligent and did not assume the risk of the harm that was done to her.

COUNT I (Negligence – Medical Malpractice)

1. The Plaintiff incoroprates by reference in this county the claims made in paragraphs 1-14 above.
2. That David P. Sucosis, M.D. did not do what an reasonable, ordinary doctor would do treating the Plaintiff. His treatment deviated from the appropropriate standard of care during the surgery he performed on the Plaintiff. Because of this, Plaintiff’s left iliac vein and artery were cut.

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 incoroprates by reference in this county the claims made in paragraphs 1-16 above (actually 1–14; 1-2 because of problems formating this Complaint on-line)

1. 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, Plaintiff prays for judgment against David P. Sucosis, M.D., P.A. plus costs, and seeks costs, and any additional relief this court believes is appropriate.

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Plaintiff

More Information

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