Summary Judgment Dismissal


HPM&B recently obtained summary judgment dismissal on behalf of two radiologists in a lawsuit venued in Queens County, Supreme Court. Plaintiff alleged that both radiologists failed to diagnose breast cancer on screening mammograms and ultrasounds and claimed that as a result, Plaintiff was deprived of a better chance of a cure of her breast cancer which was Stage IV at the time of diagnosis. In the summary judgment motion, defendants established with expert support that they met the standard of care in interpreting the breast imaging and more specifically, that there were no new changes in the imaging compared to the prior years that warranted further clinical or radiologic workup. Plaintiff opposed the motion with experts in radiology and oncology; however, the Court found that Plaintiff’s experts provided only vague assertions and speculative opinions, thus failing to create a triable issue of fact. This case was dismissed in its entirety as to the radiology defendants.