A Brooklyn Judge granted summary judgment to our client, an internal medicine physician, dismissing him from a medical malpractice lawsuit.  Plaintiff claimed that our client failed to diagnose his liver cancer.  With the support of an expert oncologist, Partner Steven Mutz  and Senior Associate Scott Singer argued with great detail that the plaintiff never presented with any signs or symptoms consistent with cancer.  Moreover, Mr. Mutz argued that reports of a prior ultrasound and abdominal CT scan–which plaintiff claimed contained findings suggestive of renal cell cancer–were never remained in the possession of the codefendant, plaintiff’s former primary care physician.  The Court agreed with Mr. Mutz’s argument that even assuming his client was obligated to inquire further and secure the reports sooner, there was no causal link in that the plaintiff’s expert could not establish that an earlier diagnosis would have changed the eventual outcome.  The Court held there was no issue for the jury to decide as plaintiff’s out of sate expert’s opinions were conclusory and speculative.

A Brooklyn Judge granted summary judgment to our client, an internal medicine physician who was impleaded into an underlying medical malpractice action by the initial defendant hospital.  The estate of a deceased patient of the hospital sued claiming the hospital was negligent in prematurely discharging the patient, who shortly thereafter died of cardiac arrest.  Partner Steven Mutz and Senior Associate Scott Singer presented an internal medicine expert who testified that our client, the covering attending acted appropriately and within the standard of care in relying on a consulting cardiologist’s clearance following his work up of the patient’s presenting symptoms.  The Court agreed and found no issue of fact for the jury to decide, dismissing our client from this wrongful death lawsuit.

An Orange County Judge granted summary judgment to our client, a skilled nursing facility, in a general liability lawsuit.  Plaintiff alleged our client was negligent in failing to maintain the parking lot premises resulting in plaintiff falling on snow and ice and causing fractures.  Partner Charles Weitman and Associate McKinney Brown convinced the Court to dismiss the case prior to trial arguing that there were no facts for a jury to decide in light of uncontroverted proof that the facility properly maintained the lot by timely and appropriately removing the snow and ice.  The Court found that any other theory of liability would be pure speculation in light of testimony from the plaintiff that she did not actually see the supposed defect caused her to fall.  An appropriate and swift win for our client.  Well done, Charles and McKinney.

A New York County Judge granted summary judgment to our client, a cardiologist alleged to have mismanaged plaintiff’s coronary artery disease (CAD).  More specifically, plaintiff alleged our client underwent–without his informed consent–catheterization testing and insertion of a stent.  Moreover, plaintiff claimed was misinformed about the alternatives to catheterization and stenting, and that the defendants should have advocated for more invasive treatment such as CABG (coronary artery bypass).  To cover all bases, plaintiff also claimed defendant failed to provide adequate post-operative follow-up care and advice following these procedures.   As a result, plaintiff alleged significant pain and suffering in his right arm, wrist and hand, and the need to undergo surgical debulking of the thrombus occluding the radial artery.  Partner Wayne Cousin and former Senior Associate/now Partner Scott Singer convinced the Court that our client acted appropriately and in all respects within the standard of care, and the Court agreed.

A Somerset County, N.J. Judge granted summary judgment to our client in a dental malpractice case where plaintiff our client failed to provide appropriate treatment options and the risks of each, resulting in the alleged extraction of the wrong tooth, pain and suffering, the loss of at least two teeth, #17 and 18, the need for further treatment and surgery, the need for implants and other subsequent restorative measures.  Partner, Wayne Cousin, handled the motion.