Summary Judgment Dismissal


HPM&B recently obtained summary judgment dismissal of a medical malpractice action in Supreme Court, Dutchess County on behalf of a board certified general surgeon, major regional medical center, and healthcare system. Plaintiff claimed medical negligence and lack of informed consent for the performance of hernia surgery, which allegedly caused plaintiff to suffer residual pain, suffering, and a “lump” in the lower abdomen that necessitated further surgery.  Defendants submitted proof from a general surgery expert witness establishing that there was no departure from the standard of care in the performance of the hernia repair surgery and that the alleged malpractice was not a proximate cause of plaintiff’s alleged damages. Defendants further established that the hospital and healthcare system could not be held vicariously or directly liable for any of plaintiff’s alleged injuries. The Court agreed with our position and found that plaintiff’s opposition failed to raise a triable issue of fact to defeat Defendants’ prima facie entitlement to summary judgment. Plaintiff failed to submit an expert affidavit in opposition to the motion. The Court further rejected plaintiff’s counsel’s attempted reliance on the doctrine of res ipsa loquitur, agreeing with defendants’ argument that such doctrine is inapplicable for this complex medical malpractice action.