Congratulations to Partner Gerald Murphy for obtaining summary judgment in a complex high exposure medical malpractice in favor of our clients, two attending surgeons, an attending intensivist and the surgical practice. Following an endo-mucosal resection polypectomy of the duodenum performed by non-party gastroenterologist at another major facility, our clients were alleged to have negligently managed gastrointestinal bleeding in the 54 year-old patient, including failing to render proper critical care and surgical intervention resulting in the patient’s untimely death. Our summary judgment motion, supported by a board-certified surgeon with a specialty in colon and rectal surgery, established that our clients acted appropriately and complied with the standard of care in implementing reasonable care plans, surgical monitoring, and conducted reasonable and adequate consultations upon request of the medical ICU team.
Plaintiff vigorously opposed our motion and submitted affirmations from two experts, board certified in gastroenterology and surgery who took the position that our clients failed to recognize a surgical emergency and failed to recommend immediate surgical intervention to control on-going bleeding. In a lengthy 17-page opinion following oral arguments, the Court determined that plaintiff’s experts failed to raise a triable issue of fact on questions of issues of departure and causation and the wrongful death claims against our clients. The Court held that plaintiff’s submissions did not adequately refute our expert’s opinions, which firmly established an appropriate and effective plan of care to control the bleeding and subsequent monitoring without further need for invasive surgical intervention.
This is a significant victory yet again for our clients in a factually complex case with a damages exposure potential well in excess of $3,000,000. Congratulations again to Jerry for another great result for the Firm.