Summary Judgment Dismissal

HPM&B attorneys John McNaboe and Christina Reinle recently obtained summary judgment dismissal of an action on behalf of an Otolaryngologist and a large medical practice group the Otolaryngologist was affiliated with. Plaintiff alleged that the Otolaryngologist negligently discontinued plaintiff’s medication in advance of testing to assess for a vestibular (inner ear) condition, resulting in the plaintiff sustaining a fall and injuring himself. HPM&B moved for summary judgment dismissal of all claims against the Otolaryngologist and the medical practice group, arguing that there was no credible evidence to support plaintiff’s claim that the Otolaryngologist negligently advised plaintiff to discontinue the medication and that all of the care and treatment provided to the plaintiff was methodical, thorough and consistent with the standard of care. HPM&B further argued that plaintiff’s claim that cessation of medication led to a fall was not viable as subsequent treating providers noted that the plaintiff’s fall was related to underlying medical conditions. The Court granted the motion and dismissed all claims against the Otolaryngologist and practice group.