Summary Judgment awarded in Westchester County
HPM&B recently obtained Summary Judgment on behalf of a Westchester County Hospital where plaintiff claimed and as a result of the negligence of the defendants, she was forced to undergo reparative knee replacement surgery.
The plaintiff had been admitted to the hospital to undergo a knee replacement. The knee replacement was performed by the co-defendant orthopedic surgeon. Nurses employed by the Hospital assisted the orthopedic surgeon during the procedure. Plaintiff alleged that the surgical procedure was negligently performed resulting in a second knee operation.
In support of the motion to dismiss, HPM&B argued that the nursing staff adhered to the standard of care. It was also argued that the Hospital was not responsible for any pre-operative diagnostic imaging that was performed on the plaintiff, nor was the Hospital responsible for the actions of the patient’s private attending orthopedic surgeon. Judge Walker of the Supreme Court, Westchester County, granted the motion for Summary Judgment.
HPM&B Partner Vincent L. Gallo, Jr., represented the Hospital.