Mark Pfeffer, Esquire



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Mark Pfeffer, Esquire

Attorney I.D. #004261984

GOLDENBERG, MACKLER, SAYEGH, MINTZ,


PFEFFER, BONCHI & GILL

A Professional Corporation

1030 Atlantic Avenue

Atlantic City, New Jersey 08401

Telephone 609 344 7131

Facsimile 609 347 2052

Attorneys for Plaintiffs

LINDSAY SWITZER, JOSEPH SWITZER,


Plaintiffs,

vs.
NATALIA REZVINA, SOMERS MANOR OBSTETRICS AND GYNECOLOGY and/or REGIONAL WOMEN’S HEALTH MANAGEMENT, LLC,



Defendants.



SUPERIOR COURT OF NEW JERSEY

LAW DIVISION

ATLANTIC COUNTY

Docket No.


Civil Action

COMPLAINT AND JURY DEMAND

Lindsay Switzer, and Joseph Switzer, residing at 803 Ninth Street, Somers Point, New Jersey, by way of Complaint against the defendants say:



FIRST COUNT

1. Defendant, Natalia Rezvina, at all times relevant herein, was a duly licensed and practicing physician in the State of New Jersey, and held herself out as skilled in the science of medicine.

2. At all times relevant herein, defendant Natalia Rezvina was acting as the agent, servant, or employee of defendant Somers Manor Obstetrics and Gynecology and/or Regional Women’s Health Management, LLC (“SMOG”).

3. On or about June 19, 2013, the plaintiff was treated by defendant Natalia Rezvina at Shore Medical Center.

4. The defendant, Natalia Rezvina, threatened the plaintiff with falsehoods regarding the need for the Plaintiff to agree to a C-section for the birth of her son, Cole.

5. Rezvina threatened to call “legal people” to have plaintiff’s children taken away

from her by the Division of Youth and Family Services unless plaintiff agreed to an immediate C-section for the birth of her son.

6. Rezvina intentionally misrepresented the medical condition of the plaintiff’s son in order to get the Plaintiff to agree to a C-section for the birth of her son.

7. Rezvina intentionally withheld material information regarding the condition of the plaintiff’s son in order to get the Plaintiff to agree to a C-section for the birth of her son.

8. Rezvina threatened the Plaintiff that “legal people” would force the plaintiff to sign the consent form in order to get the Plaintiff to agree to a C-section for the birth of her son.

9. Rezvina advised others that Plaintiffs could not be trusted to make medical decisions for their children.

10. Rezvina did not want to wait for the Plaintiff to deliver her son without a C-section because it was late in the day and Rezvina desired to attend to her own personal social plans in the evening, which she discussed with other medical personnel while performing the C-section on the Plaintiff.

11. On or about the aforementioned date, Rezvina performed surgery (C-section) on the Plaintiff.

12. The aforementioned actions of defendant Rezvina constitute a battery.

13. Rezvina’s actions were malicious and or in reckless disregard of the rights of the Plaintiff.

14. As a direct and proximate result of the aforementioned battery, the Plaintiff has been caused to sustain pain, suffering, scarring, and disability, and has been caused to incur medical expenses.



WHEREFORE, Plaintiff demands judgment against the defendants Rezvina and SMOG, for compensatory damages, punitive damages, costs of suit, attorneys’ fees, interest, and such other and further relief as the Court deems just and equitable.
SECOND COUNT

1. Plaintiffs repeat and incorporate the allegations contained in the First Count as if fully set forth herein.

2. The actions of Rezvina were intentional or reckless.

3. The actions of Rezvina were outrageous.

4. As a direct and proximate result of the actions of Rezvina, the Plaintiff was caused to suffer extreme emotional distress and suffered personal injury.

5. The actions of Rezvina constitute the tort of intentional infliction of emotional distress.

6. As a direct and proximate result of the aforementioned intentional infliction of emotional distress, the Plaintiff has been caused to sustain pain, suffering, scarring, and disability, and has been caused to incur medical expenses.

WHEREFORE, Plaintiff demands judgment against the defendants Rezvina and SMOG, for compensatory damages, punitive damages, costs of suit, attorneys’ fees, interest, and such other and further relief as the Court deems just and equitable.
THIRD COUNT

1. Plaintiffs repeat and incorporate the allegations contained in the First Count and Second Count as if fully set forth herein.

2. The defendant, Natalia Rezvina, was negligent, and failed to exercise proper skill and care of a physician as follows:

a. Defendant Rezvina performed an unnecessary and unwarranted Caesarean surgical procedure;

b. Defendant Rezvina failed to properly review and interpret the fetal heart rate monitor data;

c. Defendant Rezvina failed to communicate to the Plaintiff, Lindsay Switzer, proper and accurate information regarding the fetal monitoring data;

d. Defendant Rezvina failed to take reasonable measures and/or perform maneuvers to improve tracing and monitoring;

e. Defendant Rezvina failed to provide the necessary information to obtain valid informed consent from plaintiff, Lindsay Switzer.

5. As a direct and proximate result of the aforesaid negligence and improper care, plaintiff has been caused to sustain pain, suffering, and disability, to sustain scarring, and to incur medical expenses.

WHEREFORE, Plaintiff demands judgment against the defendants Rezvina and SMOG, for compensatory damages, costs of suit, attorneys’ fees, interest, and such other and further relief as the Court deems just and equitable.
FOURTH COUNT

1. Plaintiffs repeat and incorporate the allegations contained in the First, Second, and Thirds Counts, as if fully set forth herein.

2. Plaintiff, Joseph Switzer, is the spouse of the plaintiff, Lindsay Switzer.

3. As a result of the tortious acts of the defendant, Rezvina, Joseph Switzer’s spouse was injured.

4. Plaintiff, Joseph Switzer, has been deprived of the society, consortium, companionship and services of his spouse.

WHEREFORE, the plaintiff, Joseph Switzer, demands judgment against the defendants, Rezvina and SMOG, for compensatory damages, punitive damages, costs of suit, attorneys’ fees, interest and such other and further relief as the Court deems just and equitable.


GOLDENBERG, MACKLER, SAYEGH, MINTZ


PFEFFER, BONCHI & GILL

Attorneys for Plaintiffs

By:_______________________

MARK PFEFFER, ESQUIRE

DATED: July 7, 2014
CERTIFICATION PURSUANT TO RULE 4:5-1

I hereby certify that to my knowledge, the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding. To my knowledge, no other action or arbitration procedure is contemplated. I have no knowledge at this time of the names of any other parties who should be joined in this lawsuit.

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.
________________________

MARK PFEFFER, ESQUIRE


Dated: July 7, 2014

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury as to all issues so triable.


DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, Mark Pfeffer, Esquire, is hereby designated as trial counsel in the within matter.


DEMAND FOR ANSWER TO FORM C INTERROGATORIES

Plaintiff hereby demands that defendants answer Form C and Form C(3) Uniform Interrogatories as contained in Appendix II of the New Jersey Rules of Court in lieu of service of the interrogatories themselves pursuant to R. 4:17-1(b)(ii).


DEMAND FOR INSURANCE

Plaintiff hereby demands pursuant to R. 4:10-2b, that all defendants produce any and all insurance agreements under which a policy of insurance may be liable to satisfy part or all of any judgment entered in this action or which may entitle any defendant to reimbursement or indemnification for any payments made to satisfy the judgment.




GOLDENBERG, MACKLER, SAYEGH, MINTZ


PFEFFER, BONCHI & GILL

Attorneys for Plaintiff

By:_______________________

MARK PFEFFER, ESQUIRE



DATED: July 7, 2014



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