Summary Judgment Dismissal

HPM&B recently obtained summary judgment dismissal on behalf of an Endoscopy Center in a case venued in Supreme Court, Kings County.  Plaintiff alleged that the defendant improperly performed a colonoscopy and failed to timely and properly diagnose and treat a bowel perforation.  Although plaintiff complained of bloating, constipation, and pain following the colonoscopy, defendant established, through testimony, medical records, and phone records, that plaintiff told defendant that she was fine without any complications the day after the procedure. Further, she never contacted the defendant thereafter.  Defendant moved for summary judgment with support from a Gastroenterology expert, who established that were no departures from the standard of care.  The Court agreed, and summary judgment was granted in its entirety.