Summary Judgment granted to Westchester County Hospital

HPM&B recently obtained Summary Judgment on behalf of a Westchester County Hospital where plaintiff’s counsel alleged that there was a delay in diagnosing bladder cancer.  It was further alleged that the delay in diagnosing bladder cancer impacted the plaintiff’s life expectancy.

HPM&B moved for Summary Judgment on behalf of the defendant Hospital arguing that the care that was provided to the patient was provided by the patient’s private attending urologist.  It was also argued that the nursing staff followed the directives of the private attending physician and that the hospital staff was not responsible for the acts of any other attending physician who provided care during the admission.

Justice Jamieson of the Supreme Court, Westchester County, granted the Hospital’s motion to dismiss.

HPM&B Partner Vincent L. Gallo Jr., represented the defendant Hospital.