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LEGAL COUNSEL.
Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice and defamation action on behalf of an international outpatient dialysis company.  Plaintiff alleged he was improperly involuntarily discharged from dialysis after threatening to reenact a “Columbine Massacre” at the dialysis clinic.  Plaintiff alleged this information was disseminated to NYPD, as well as other dialysis clinics ...
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Summary Judgment Dismissal
Partner Katherin Crossling successfully moved for summary judgement on behalf of a hospitalist and his employer, a large Westchester based multi-specialty practice, resulting in dismissal of all claims. Decedent, an elderly man with numerous co-morbidities was admitted to the hospital with pneumonia. He was treated and then sent home where he died two days later. ...
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On Appeal From an $8.3 Million Judgment, New Trial Ordered In New York Personal Injury Action
HPM&B’s client, a public utility, was granted a new trial on damages on the ground that a Brooklyn trial court erred in instructing the jury that defendant had the burden of proving that the automobile accident in question did not cause the plaintiff’s injuries.  Two years after being involved in an automobile accident with ...
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Lapse in Treatment Leads to Case Dismissal
Partner Katherin Crossling, Esq. successfully moved for summary judgment on behalf of a prominent New York City hospital, arguing that the plaintiff had a 2.5 year gap in medical care for an abscess and could not establish a continuous course of treatment.  After extensive questioning at his deposition, plaintiff admitted that after he ...
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Appellate Division Reaffirms The Limits of a Private Hospital’s Duty of Care in Non-Emergent Circumstances
The Appellate Division, First Department, overturned a lower court’s decision refusing to dismiss a medical malpractice suit claiming that HPM&B’s client, a private hospital, delayed outpatient therapy following emergency hand surgery, resulting in scarring and permanent loss of range of motion to the fingers.  It was undisputed that treatment was delayed while Plaintiff was awaiting ...
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Summary Judgment Dismissal
Partners Adam Dlugacz and Alejandra Gil successfully moved for summary judgment on behalf of a gastroenterologist and major teaching hospital thereby securing dismissal of plaintiff’s claims that the defendants failed to timely diagnose his rectal cancer.  Mr. Dlugacz and Ms. Gil argued that the defendants’ treatment met the standard of care, that plaintiff was ...
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Jury Verdict Set Aside
The Appellate Division, Second Department recently set aside a $1.1 million jury verdict on the issue of liability and dismissed the complaint in favor of HPM&B’s clients, an otolaryngologist and her private medical group.  This medical malpractice action involved an alleged negligent postoperative care related to endoscopic sinus surgery.  The court found that there was no ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York area Health System and two of its affiliated Hospitals.  Plaintiffs claimed the defendant Hospitals failed to timely and properly render surgical care, as well as appropriate post-surgical care to the patient, who suffered from a Chiari ...
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Summary Judgment Granted On Appeal
The Appellate Division, First Department overturned the lower court’s decision denying summary judgment dismissal on behalf of a prominent hospital in Bronx County.  The case involved an alleged failure to timely perform a Cesarean section, resulting in fetal demise.  Eric Gingold and Cindy Young drafted the motion for summary judgment.  Daryl Paxson drafted the appeal ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major teaching Hospital in New York City.  Plaintiff claimed the defendant Hospital failed to timely and properly diagnose and treat molar gestational choriocarcinoma.  Plaintiff further alleged that an immediate dilation and curettage should have been performed in order to ...
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