Summary Judgment Dismissal

HPM&B successfully obtained summary judgment dismissal of all claims against two defendant urologists and a hospital in Supreme Court, Westchester County. The plaintiff underwent a laparoscopic prostatectomy performed by the defendants due to a diagnosis of prostate cancer. In the months following the prostatectomy, the plaintiff developed bladder neck contracture, urethral striction, and urinary retention. The defendants performed several cystoscopies with dilation. During the last cystoscopy, a surgical clip was identified near the bladder neck and was subsequently removed. The plaintiff and his wife alleged that the defendants negligently placed the clip, failed to timely remove the clip following the prostatectomy and failed to recommend immediate surgical interventions to address his symptoms, resulting in exacerbated stricture, urinary retention, urethral damage, pain and suffering, and additional surgical intervention to remove the clip. HPM&B successfully argued the surgical clip was appropriately placed during the prostatectomy, and that the plaintiff experienced well known risks of prostatectomies. Further, the defendants appropriately treated the plaintiff’s post-operative complaints of urethral stricture and urinary retention with repeat dilations and cystoscopies. The Court granted the defendants’ summary judgment motion in its entirety.