Kim April Carnesi

Partner

Kim.Carnesi@lewisbrisbois.com

Kim April Carnesi is a partner in the New York and Newark Offices of Lewis Brisbois and a member of the Healthcare Practices. Kim represents and defends physicians (in all specialties), nurses, medical groups, and hospitals in all phases of medical malpractice litigation. Kim has a sub-specialty in representing Ophthalmologists. Kim also represents long term care facilities in medical malpractice litigation and premises liability matters.  

Kim also represents physicians in disciplinary proceedings before state medical licensing boards and counsels clients regularly on Quality Assurance Compliance and Risk Management.

Primary Area(s) of Practice

  • Healthcare
  • Long-Term Care
  • Medical Malpractice

Additional Experience

Professional Presentations

New Jersey Academy of Ophthalmology and American Academy of Ophthalmology: Trends in Ophthalmology Malpractice Litigation, September 24, 2021

Education

Seton Hall Law

Juris Doctor, 1996

Wagner College

Bachelor of Science, 1993

Representative Matters

  • Obtained Summary Judgment/Dismissal for Ophthalmologist, where allegations included failing to diagnose and timely treatment endophthalmitis resulting in loss of an eye;
  • Obtained Summary Judgment/Dismissal for Physician where claims involved failure to properly perform cataract surgery, resulting in blindness;
  • Obtained Dismissal for Surgeon in case involving allegations of negligently proceeding with surgery contraindicated by heart condition, resulting in stroke/death;
  • Obtained summary judgment/dismissal for physician, where claims involved failing to report to MVC that patient had uncontrollable seizures, allegedly resulting in patient having Drivers' license, and striking and killing 3 pediestrians due to having a seizure while driving.

Published Opinions

  • Roca, 51 A.D.2d 757, obtained partial dismissal of certain dates of treatment as not part of continuous treatment;
  • Etienne, 295 A.D.2d 559, whether attending physician is responsible for acts of resident where attending was not involved in care and singed chart in error;
  • Monello, 281 A.D.2d 463, obtained partial dismissal of claims based on non-applicability of continuous treatment doctrine;
  • Carvano, 270 A.D.2d 222, obtained dissmisall against out of possession landlord in claims involveing failure to clear snow and ice, premises liabilty;
  • Murdocca, 265 A.D.2d 537: whether failure to provide discoveyr warranst dismissal;
  • Schenck, 266 A.D. 2d 199: obtained psychiatric IME for defense, where plaintiff objected;
  • Palla, 248 A.D.2d 603, obtained change of venue to better venue.