Summary Judgment Dismissal


HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major teaching Hospital in New York City.  Plaintiff claimed the defendant Hospital failed to timely and properly diagnose and treat molar gestational choriocarcinoma.  Plaintiff further alleged that an immediate dilation and curettage should have been performed in order to prevent the development of a molar gestational choriocarcinoma.

The defendant Hospital was represented by Robin Dolsky, Doreen Dufficy, and Gerard Donahue, who successfully argued and proved in the motion papers that the Hospital staff properly evaluated and treated the plaintiff at all times, and appropriately referred her for outpatient care at the time of discharge, which included a dilation and curettage.  The court found that there were no triable issues of fact for a jury and dismissed the case as to the Hospital.