Summary Judgment Dismissal

HPM&B recently won summary judgment dismissal of a medical malpractice action in Dutchess County Supreme Court on behalf of a major regional medical center and health care system. Plaintiff claimed medical malpractice and lack of informed consent in the alleged failure to timely diagnose and treat osteomyelitis, cellulitis, and infection upon plaintiff’s presentation to the Emergency Department, which caused a worsening of plaintiff’s condition and the need for extensive subsequent treatment leading to partial blindness. Defendants submitted expert support that there was no departure from the standard of care in the evaluation and treatment of plaintiff in the Emergency Department. Plaintiff was unable to retain an expert witness to oppose the motion. The Court found that plaintiff’s opposition failed to raise a triable issue of fact to defeat Defendants’ entitlement to summary judgment.