Senior Associate, Susan Miller, successfully obtained summary judgment in a medical malpractice case on behalf of the practice and two physicians, a cardiologist and a gastroenterologist. The plaintiff claimed that they had failed to diagnose the 32-year-old decedent’s colon cancer after treating with the gastroenterologist in this practice for four months, two of which the decedent failed to appear for his appointments, in the face of a five-year history of rectal bleeding. The colonoscopy revealed that the decedent had a 7.7 cm tumor that was subsequently treated with adjuvant chemotherapy and the tumor was resected, followed by additional chemotherapy. The decedent suffered a cardiac episode following his second chemotherapy infusion that resulted in anoxic brain injury and causing his death seven months later, after a cerebral vascular accident.
After moving for summary judgment, the Court heard oral argument and found that defendants had established a prima facie entitlement to summary judgment based on the documentary evidence and expert affirmations. The Court was persuaded that the defendants did not depart from accepted standards of care and did not proximately cause the death of the decedent. The Court further found that the plaintiff failed to raise a triable issue of material fact in response, as their expert affirmations were vague, conclusory and unsupported by medical evidence sufficient to rebut the case presented by the defendants.
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