Summary Judgment on behalf of a Cardiothoracic Surgeon, Physician’s Assistant, and Hospital

Partner, Amanda L. Tate, assisted in obtaining summary judgment in Supreme Court, Bronx County, on behalf of a cardiothoracic surgeon, his physician’s assistant, and a hospital defendant, in a case involving failure to prevent, treat, and diagnose plaintiff’s sacral ulcer. The motion successfully argued, through the use of a detailed expert affirmation and specific references to the voluminous chart, that the wound was unavoidable consequence and developed due to plaintiff’s extensive comorbidities and extreme vascular compromise. In addition to arguing the standard of care was, at all times met, inclusive of highlighting the multiple references to the turning/positioning notes in the records, the use of specialty beds, and application of various chemical debriding agents, Amanda also assisted in framing the argument that the cardiothoracic surgeon and his physician’s assistant were not responsible for treating the plaintiff’s ulcer, which was being managed correctly by other specialists.