Summary Judgment Granted in Supreme Court, Queens County

Senior Partner, John Paterniti and Associate, Josie Accetturi, successfully moved for summary judgment on behalf of our client, an OBGYN. This matter involved an alleged failure to timely diagnose and treat an ectopic pregnancy. Plaintiff contended that the delay resulted in a ruptured ectopic requiring surgery and permanent loss of fertility. The Court found that the defendants met their prima facie burden establishing that our client appropriately treated the patient and ordered the appropriate imaging. We argued that our client timely and appropriately followed up with the plaintiff regarding her unrelated complaints and scheduled a follow-up visit. The Court further held that plaintiff’s expert affirmation in opposition was conclusory, speculative, and failed to raise a material issue of fact.