Summary Judgment Dismissal

Partner Katherin Crossling successfully moved for summary judgement on behalf of a hospitalist and his employer, a large Westchester based multi-specialty practice, resulting in dismissal of all claims. Decedent, an elderly man with numerous co-morbidities was admitted to the hospital with pneumonia. He was treated and then sent home where he died two days later.  His family claimed that he was prematurely discharged.

Ms. Crossling argued that decedent received good care from the defendants, there was nothing more that could have been done for him as an in-patient and that no hospital interventions could have prolonged his life due to DNR and DNI orders.  Judge Samuel Walker agreed and held that while the expert proffered by plaintiffs disputed the standard of care offered by the defendants, their expert failed to show that any deviation by the defendants was the proximate cause of the decedent’s injuries and death.  Furthermore, plaintiffs failed to articulate how medical interventions suggested by their expert would not run afoul of decedent’s wishes.  The case was dismissed in its entirety.