Summary Judgment Dismissal

Partners Adam Dlugacz and Alejandra Gil successfully moved for summary judgment on behalf of a gastroenterologist and major teaching hospital thereby securing dismissal of plaintiff’s claims that the defendants failed to timely diagnose his rectal cancer. 

Mr. Dlugacz and Ms. Gil argued that the defendants’ treatment met the standard of care, that plaintiff was offered multiple opportunities to undergo diagnostic studies and he refused, and that the alleged delay in diagnosis did not worsen the prognosis.  Over plaintiff’s opposition, Judge Martin Shulman granted the motion, holding that plaintiff’s expert ignored much of the record and failed to prove how the defendants’ alleged malpractice caused or contributed to plaintiff’s injuries.