Summary Judgment Dismissal

Congratulations to HPM&B Partners John P. McNaboe and Rachel S. Bloom on obtaining summary judgment dismissal on behalf of two orthopedic surgery residents and a board-certified rheumatologist in Supreme Court, Nassau County. Plaintiff claimed these defendants failed to diagnose septic arthritis in the right hip and left shoulder, resulting in a delayed diagnosis, bone necrosis, bone loss and the need for surgery. Defendants submitted expert affirmations from an orthopedic surgery expert and a rheumatology expert, who established that these defendants met the standard of care in ruling out septic arthritis in the right hip. Defendants’ experts also established that there was no reason for these defendants to suspect septic arthritis in the left shoulder based on plaintiff’s complaints and their physical examination findings. The Court agreed with our position and found that plaintiffs’ expert’s affirmation was conclusory, speculative and insufficient to raise a triable issue of fact. Accordingly, the case was dismissed in its entirety as to these defendants.