Summary Judgment Dismissal

HPM&B successfully obtained summary judgment dismissal of all claims against a defendant Ob/Gyn in Supreme Court, Westchester County. Plaintiff alleged malpractice in connection with the recommendation and performance of an ovarian cystectomy, as well as the post-operative monitoring of the patient. The plaintiff suffered severe post-operative complications, including a bowel perforation, multiple surgeries, placement of a colostomy, and a prolonged hospitalization. HPM&B successfully argued that our client did not deviate from the standard of care in the treatment of the patient including the recommendation for surgery, the technique used for surgery, and the prudent consultation with specialists when complications were encountered intra-operatively. The Court granted the defendant Ob/Gyn’s summary judgment motion finding that plaintiff’s opposition failed to raise any genuine issues of fact and failed to counter the defendant’s demonstration that there were no departures from the standard of care in the Ob/Gyn’s treatment of the patient.