Summary Judgment Dismissal


HPM&B recently obtained summary judgment dismissal of all claims against a defendant orthopedic surgeon in Supreme Court, Westchester County. Plaintiff alleged malpractice in connection with a drop foot injury following a total hip replacement surgery. HPM&B successfully argued that the surgery was indicated and properly performed and that the post-operative care and treatment was rendered within the standard of care. It was further argued that a foot drop is a known and accepted risk of the procedure and that proper informed consent had been obtained prior to the surgery. The Court granted the defendant orthopedic surgeon’s summary judgment motion in its entirety finding that plaintiff’s opposition failed to raise any genuine issues of fact and failed to counter the defendant’s demonstration that there were no departures from the standard of care in the treatment of the patient.