On July 24, 2009, plaintiff Mary Abate, an unemployed 48 year old, underwent a number of cosmetic procedures, including an abdominoplasty (a tummy tuck), a breast augmentation, liposuction and a blepharoplasty, which were performed by Bruce Kadz, M.D., a Board certified plastic surgeon. The surgery was uneventful and Abate subsequently had three post-operative visits. However, before her second post-operative visit with Kadz, Abate suffered a separation of the abdominal incision, swelling and discoloration. Abate claimed that she developed a significant infection due to the separation, which resulted in purulent discharge and pain, but that Kadz did not treat the wound infection during the second visit on Aug. 6, 2009, and, instead, dismissed it. On Aug. 9, 2009, Abate presented to Huntington Memorial Hospital and was examined by Peter Corrigan, M.D., an emergency department physician. Corrigan subsequently directed Abate to Kadz for follow up. As a result, Abate returned to Kadz on Aug. 13, 2009, and was diagnosed with an infection. She was ultimately admitted to a hospital from Aug. 19, 2009, to Sept. 1, 2009, during which time she underwent surgical treatment of a bacterial wound infection in her abdomen. Abate sued Kadz, Corrigan, HMH Emergency Medical Group, Huntington Memorial Hospital, and Fellow of the American College of Surgeons (FACS). She alleged the defendants failed to timely diagnose and treat the infection, and that this failure constituted medical malpractice. Prior to trial, Huntington Memorial Hospital, HMH Emergency Medical Group, FACS and Corrigan were all dismissed from the case. Thus, the matter proceeded to trial against Kadz only. Abate noted that she had three post-operative visits with Kadz — on July 27, 2009, on Aug. 6, 2009, and on Aug. 13, 2009. She claimed the infection was present within a week after surgery, but Kadz failed to diagnose it on the second visit, when she presented with symptoms of the infection, including swelling, discoloration, purulent discharge and pain. She further claimed that this was shown by her need to present to Huntington Memorial Hospital with complaints of a possible infection in her abdominal wound on Aug. 9, 2009. Defense counsel contended that Abate experienced a delayed wound healing problem and that she did not have an infection during her post-operative visit with Kadz on Aug. 6, 2009. Instead, counsel contended that Abate suffered wound dehiscence that did not show until her last visit with Kadz on Aug. 13, 2009. Thus, defense counsel argued that because there was no infection to diagnose at the time of the second post-operative visit, and because Abate did not return to Kadz until after the infection manifested, Kadz did not fail to diagnose an infection., On Aug. 18, 2009, Abate presented to the emergency room at Providence Holy Cross Medical Center in Mission Hills with signs of a significant infection. She was subsequently hospitalized form Aug. 19, 2009, until Sept. 1, 2009, during which she underwent a number of surgeries to treat the infection. Abate claimed that she was left with a significant scar on her abdomen after the repair. She also claimed that after she was discharged from the hospital, she still had physical problems, such as the wound continuing to open up. Abate alleged that if she was diagnosed earlier, she could have undergone earlier treatment, including better antibiotic therapy, or localized incision and drainage, instead of the extensive surgeries and hospitalization she had. Defense counsel contended that Abate’s wound did not open up after the repair, but that she would get an ingrown hair and resultant pimple at the site.