The Appellate Division, Second Department affirmed a lower court’s decision granting summary judgment dismissing the complaint and denying the plaintiff’s cross motion for leave to amend the pleadings to allege a new theory of liability.  Daniel S. Ratner, ...

HPM&B recently obtained summary judgment dismissal on behalf of a major metropolitan hospital, a Neurosurgeon, and a Thoracic Surgeon.  Plaintiff alleged that that the defendants improperly performed a spinal surgery upon plaintiff, resulting in damage to the surrounding nerves and subsequent pain and numbness.  Plaintiff also alleged that the procedure was unnecessary, contraindicated, utilized a ...

HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York City hospital resulting in the dismissal of all claims.  Plaintiff alleged that the hospital providers, particularly a dedicated nurse practitioner, failed to timely diagnose and treat cellulitis during a brief Emergency Room admission. Partner Emmet Donnelly ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...