HPM&B recently obtained summary judgment dismissal of all claims in this Supreme Court, Bronx County case on behalf of an orthopedic surgeon, nurse practitioner and a major medical institution. Plaintiff presented to the emergency department with a hand fracture. He claimed that the defendants performed an improper reduction and splinting of the fracture and failed to offer ...

HPM&B successfully obtained summary judgment dismissal of all claims against a defendant urologist in Supreme Court, Westchester County. Plaintiff underwent ambulatory surgery with the defendant urologist, and she was then admitted to the co-defendant Hospital for further treatment and monitoring. On the day she was to be discharged, she fell in the Hospital, suffered a pulmonary embolism ...

HPM&B, representing a large Westchester County medical group, successfully argued in the New York Court of Appeals that a podiatric malpractice action – arising from alleged malpractice in Westchester County in which all parties resided or principally worked in Westchester County – should be venued in Westchester County rather than Bronx County. Plaintiff placed venue in Bronx ...

On behalf of a major medical institution, HPM&B’s Charles L. Bach, Jr. and Jesse Capell opposed a co-defendant healthcare organization’s motion to dismiss based on the lack of personal jurisdiction. The co-defendant, which had previously apologized for harming HPM&B’s client’s patient, argued that it did not have the requisite minimum contacts in New York State ...

HPM&B moved on behalf of a renowned medical institution. The plaintiff, an orthopedic surgeon affiliated with the defendant hospital, alleged that the defendant wrongfully terminated his employment contract and severely damaged his reputation. HPM&B attorneys Charles L. Bach, Jr. and Jesse Capell filed a motion to dismiss based on documentary evidence, arguing that the plaintiff’s ...

Congratulations to Andrew M. Neubardt and Olivia Darius for obtaining summary judgment dismissal of all claims by a plaintiff against a defendant vascular surgeon in Supreme Court, Westchester County.  The plaintiff sustained a vascular injury to the superior mesenteric artery, inferior mesenteric vein, and right renal vein during an appendectomy, resulting in uncontrollable bleeding.  The ...

HPM&B successfully obtained summary judgment dismissal of all claims against a prominent Westchester County teaching hospital in a brain damaged baby case. Plaintiff claimed that the defendants failed to timely diagnose fetal distress and perform a Cesarean section delivery. The defendant hospital successfully argued that its staff appropriately carried out the instructions of the private attending co-defendant ...

HPM&B successfully opposed plaintiff’s application for leave to file a late notice of claim.  After their order to show cause for leave to file a late notice of claim was denied in Queens County for improper venue, plaintiffs filed a summons and complaint and an OSC for leave to file a late notice of claim ...

HPM&B successfully defended a Rockland County hospital in a brain damaged baby case.  Plaintiff claimed that the co-defendant attending obstetrician and the labor and delivery nurse negligently failed to properly interpret the fetal heart rate tracing and that there was a delay in performing a Cesarean section delivery, which resulted in hypoxic-ischemic brain damage to ...

HPM&B successfully obtained a dismissal on behalf of a pediatrician affiliated with a major medical institution.  Plaintiffs, parents of an infant-patient, claimed that the pediatrician improperly reported them to child protective services because of a personal animus towards the parents.  Plaintiffs’ Complaint asserted causes of action for negligence, gross negligence, negligent infliction of emotional distress, ...