Summary Judgment Dismissal


HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York area Health System and two of its affiliated Hospitals.  Plaintiffs claimed the defendant Hospitals failed to timely and properly render surgical care, as well as appropriate post-surgical care to the patient, who suffered from a Chiari malformation, resulting in additional surgeries and severe and permanent neurological injuries. 


The defendant Health System and two Hospitals were represented by Jesse Lubin, who successfully argued and proved in the motion papers that the staff appropriately followed the directives of the Attending Neurosurgeon, and provided appropriate post-surgical care.  Judge Peter O’Donoghue of the Queens County Supreme Court found that there were no triable issues of fact for a jury and he dismissed the case as to the Health System and both Hospitals.