HPM&B Secures Complete Dismissal with Pre-Decision Voluntary Discontinuance

HPM&B recently obtained a complete dismissal of a medical malpractice case in Supreme Court, Westchester County, on behalf of a major academic hospital.  Plaintiff alleged in this wrongful death case that the defendants failed to properly perform an elective bariatric sleeve gastrectomy and failed to identify intraoperative bleeding resulting in massive hemorrhaging and death.

In its summary judgment motion, the defendant hospital established that plaintiff had no basis to hold the hospital vicariously liable because the decedent was a private patient of the co-defendant surgeon and his physical assistant, who were not employees of the hospital.  We argued that their mere affiliation with the hospital through attending privileges did not amount to employment and was insufficient to impute their conduct to the hospital.  After reviewing our papers, plaintiff declined to submit any opposition and voluntarily discontinued the action against the hospital.