Summary Judgement Dismissal
HPM&B recently obtained summary judgment dismissal on behalf of a New York City attending anesthesiologist and a major teaching Hospital. This Supreme Court, New York County case involved allegations of negligent positioning while the patient was under anesthesia that allegedly caused a rotator cuff injury and hip bursitis. Defendants’ summary judgment motion was supported by proof from experts in orthopedic surgery and anesthesiology. The experts established that there was no departure from the standard of care in the performance of the plaintiff’s surgery and that the alleged malpractice was not a proximate cause of the patient’s claimed injuries. Defendants further established that the hospital and healthcare system could not be held vicariously or directly liable for any of the plaintiff’s alleged injuries. The Court agreed and found that defendants made a prima facie showing of entitlement to summary judgment and that plaintiff’s opposition failed to raise a triable issue of fact. Specifically, the court found that: (1) plaintiff’s expert based his opinion on a new theory of liability; (2) plaintiff’s expert failed to sufficiently refute or address the defendants’ expert’s opinions; (3) plaintiff’s expert’s opinions were conclusory and not supported by any scientific data or the facts in the case; (4) plaintiff failed to raise a triable issue of fact to rebut defendants’ prima facie showing of summary judgment as to medical malpractice, and any claims arising therefrom including vicarious liability; and (5) plaintiff’s claims of lack of informed consent and negligent credentialing, hiring and/or supervision are also dismissed since plaintiff did not oppose the branch of defendants’ motion seeking dismissal of those claims. Accordingly, the case was dismissed in its entirety.
