Summary Judgment Awarded on Behalf of Surgical Physician Assistant

HPM&B recently obtained summary judgment on behalf of a Surgical Physician Assistant where plaintiff claimed that as a result of the negligence of the defendants, his bladder was inadvertently stapled during a reversal of a colostomy resulting in major urological complications.

The plaintiff previously had a colostomy placed for diverticulitis.  Months later, the patient underwent a colostomy reversal.  For purposes of that procedure, the Surgical Physician Assistant participated in the procedure along with the attending surgeon.  The Physician Assistant operated the stapling device that was used to reanastomose the colon.  During the procedure, the patient’s bladder was inadvertently stapled.  Plaintiff alleged that the stapling of the bladder caused numerous subsequent reparative procedures involving the bladder.

In support of the motion to Dismiss, HPM&B argued that the Surgical Physician Assistant did not deviate from the standard of care in operating the stapling device.  Moreover, at all times during the procedure, the Surgical Physician Assistant acted pursuant to the instructions of the attending surgeon.  Judge Eckart of the Supreme Court, Westchester County, granted the motion for summary judgment.

HPM&B partner Vincent L. Gallo, Jr. represented the Surgical Physician Assistant.