MCB Summary Judgment Win in ENT Surgery Case

by | Sep 11, 2020 | Medical Malpractice | 0 comments

Senior Partner Peter T. Crean and Senior Associates Emma B. Glazer and Nicole S. Barresi won on summary judgment on behalf of our ENT client physician before Judge Rakower in New York County.

This case involved a patient with obstructive sleep apnea who underwent a surgical procedure to widen the. After several consent discussions, the patient agreed and signed two separate consent forms. Following surgery, the patient complained of swallowing difficulties, dysphagia, and weight loss. Plaintiff’s alleged medical malpractice and lack of informed consent.

Our expert otolaryngologist opined that the patient was an appropriate surgical technique, there were no findings intraoperatively that increased the risk of complications, and he was appropriately consented. In addition, there was no actual of dysphagia or weight loss. She also opined that his swallowing difficulties were more likely attributable to his underlying medical history.

Interestingly, plaintiff opposed the motion solely on the basis of informed consent. He did not provide any expert commentary regarding the malpractice cause of action.

In Reply, we argued that plaintiff failed to meet his burden to defeat summary judgment because his expert did not adequately address causation and that plaintiff’s expert did not comply with PHL 2805-d, requiring expert commentary on what a “reasonably prudent person” would have decided.

The Court agreed and granted our motion in its entirety, dismissing plaintiff’s case.