Summary Judgment Awarded in Kings County Medical Malpractice Action

HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York City hospital resulting in the dismissal of all claims.  Plaintiff alleged that the hospital providers, particularly a dedicated nurse practitioner, failed to timely diagnose and treat cellulitis during a brief Emergency Room admission.

Partner Emmet Donnelly successfully argued that all of the treatment rendered was within the standard of care and that the hospital providers did not miss any signs and symptoms of cellulitis.  Justice Marsha L. Steinhardt agreed and held that plaintiff’s expert witness submissions were insufficient to raise an issue of fact that required a trial.  The case was dismissed in its entirety.