HPMB Secures Full Summary Judgement Dismissal in Medical Liability Case

HPMB is proud to share another summary judgment victory—granted in its entirety. 

In this case, plaintiff alleged improper performance of an ORIF for a left displaced hip fracture and failure to diagnose and properly treat postoperative complications. Although the allegations largely targeted the codefendant hospital, plaintiff alleged that our hospital was vicariously liable via a theory of ostensible agency and departed from the standard of care in rendering postoperative treatment. 

In a decision dated February 25, 2026, Judge Hasa Kingo emphasized that through the submission of specific excerpts from the medical records and deposition testimony, we demonstrated prima facie that our hospital cannot be held vicariously liable through a doctrine of ostensible agency as the evidence established that the plaintiff had specifically sought treatment from the co-defendant surgeon and had not relied on any conduct by our hospital in assuming the co-defendant surgeon was an agent of our hospital. The Corut ruled that plaintiff failed to controvert this evidence and thus failed to raise an issue of fact. 

Congratulations to our outstanding team: Charles Bach, Patrick Murphy, and Maura Kernan.