Summary Judgment Dismissal


Senior Partner Charles Bach, Managing Partner Adam Dlugacz and Associate Elliot Braun recently obtained summary judgment dismissal on behalf of a neurosurgeon in New York County Supreme Court. Plaintiff alleged that the defendant neurosurgeon performed a contraindicated spinal fusion procedure in light of an ongoing infection and ulcer as well as a failure to remove the infected hardware when the infection was suspected resulting in permanent neurological injuries. We argued that the neurosurgeon took the appropriate steps in order to minimize any possible infection by administering broad spectrum antibiotics and having a plastic surgeon assist in the spinal surgery and upon suspicion of a possible infection ordered numerous diagnostic tests and requested additional consult. Defendant’s motion was made with the support of an expert in neurosurgery and established that defendant met the standard of care and that the actions taken by the defendant were in accordance with good and accepted medical practice. Plaintiff opposed the motion with support of an orthopedic surgeon and infectious disease physician. However, the Court granted summary judgment, holding that the defendant neurosurgeon met the standard of care and that plaintiff’s experts’ opinions were conclusory and not based on all of the pertinent evidence in the matter.