Summary Judgment Dismissal

Congratulations to HPM&B Attorneys Vincent Gallo and Jennifer Bennice who successfully obtained summary judgment dismissal of all claims against a major Hudson Valley Hospital and Health Care System in Supreme Court, Dutchess County. In this medical malpractice matter, plaintiff claimed that the codefendant anesthesiologist negligently placed a spinal epidural causing a dural puncture, resulting in headaches and neurological damages. Specifically, plaintiff claimed that the codefendant anesthesiologist was distracted by her on-call phone ringing during the performance of this procedure. Plaintiff further claimed negligence against the Hospital and Health Care System for failing to institute policies barring physicians from using cellular phones for on-call purposes while providing patient care. With the support of an anesthesiology expert witness and the Vice President of the Hospital, HPM&B established that the Hospital and Health Care System cannot be held liable for the alleged negligence of the codefendant anesthesiologist. Moreover, HPM&B established that the Hospital and Health Care System did not depart from the standard of care in allowing a physician to use their clinical judgment with regard to patient care and management/use of cellular phones while on-call. As a result, HPM&B was able to secure the dismissal of all claims against its clients.