Senior Trial Partner Thomas A. Mobilia, Partner Evan R. Schnittman and Associate Patrick G. Carey secured Summary Judgment in a matter involving an intra-operative injury to the plaintiff's left hepatic duct during a September 8, 2020 laparoscopic cholecystectomy at our client hospital. The surgery was performed by the co-defendant attending surgeon, who was assisted by our two client hospital’s residents.
We moved for summary judgment on behalf of our client hospital. Our surgery expert opined that based on the medical records and undisputed deposition testimony, our surgical residents were acting under the supervision, direction, and guidance of the attending surgeon at all times and did not exercise any independent medical judgment. Specifically, that one of our client residents appropriately identified the relevant biliary structures, which was then confirmed by the attending surgeon prior to dissection of the gallbladder. According to our expert, the intraoperative injury was a known and accepted complication of the surgery, and caused by the left hepatic duct being located in an a typical anatomical location since it had been pushed behind the gallbladder due to inflammation from the patient's gallstone pancreatitis.
In opposition to our motion, plaintiff argued, for the first time, that our client residents failed to exercise independent medical judgment to prevent the co-defendant from departing from the standard of care. Plaintiff's expert further opined that the transection of the left hepatic duct could only have been caused if the critical view of safety was not properly achieved during the surgery.
The Court granted our motion in its entirety and dismissed our clients from the case. The Court held that plaintiff’s expert affirmation was conclusory and failed to raise any triable issues of fact about whether the residents were acting under the supervision of their attending and whether there were any departures from the standard of care. The lawsuit is still proceeding against the co-defendant, who did not move for summary judgment.