HPMB Secures Summary Judgment in Podiatry Malpractice Case

Of Counsel Corey Schmidt successfully moved for summary judgment on behalf of a podiatry client in Queens County.

The plaintiff developed an infection following a debridement of his second toe, ultimately requiring amputation. He alleged that the procedure was unnecessary and improperly performed and that our client failed to diagnose and treat the infection.

In support of our motion, a podiatry expert affirmed that the care provided was consistent with the standard of care and that the debridement was appropriate. The expert explained that there were no signs of infection at the time that would have warranted a culture or antibiotics. When the plaintiff returned two weeks later, our client properly diagnosed the infection and referred him to the hospital. The expert further opined that any connection between the earlier treatment and subsequent infection was speculative and that debridement is a routine office procedure that does not require written consent.

In opposition, the plaintiff’s expert alleged that our client failed to provide adequate bandaging and offloading of the wound. We argued that this was a new theory of liability improperly raised for the first time in opposition.

The court agreed, finding the plaintiff’s opposition conclusory and unsupported by the records, and granted summary judgment. The informed consent claim was also dismissed.