Partners John Barbera and Michael Bastone obtained summary judgment on behalf of our client doctor and his PC in a matter pending in Westchester County. The case was pursuant to the newly enacted Laverne’s Law extending the statute of limitations. Plaintiff was a 34-year old woman who presented to co-defendant hospital with complaints of non-specific abdominal pain. A CT of the abdomen and pelvis was performed and interpreted by our client Radiologist, who was identified and described thickening in the colon suspicious for colitis, but recommended the ordering physician correlate the findings with the clinical presentation. The patient was discharged from the ED. The plaintiff was treated by co-defendants over the ensuing 2 and ½ years before she was diagnosed with colon cancer by colonoscopy.
In its decision and order granting summary judgment, the Court held that defendants demonstrated that the CT scan was properly interpreted by the doctor and that the doctor properly relayed his findings via his report. The Court further held that our client doctor discharged his limited duty as a consulting radiologist to interpret the images, and that our client doctor was not required to recommend further imaging, testing, or treatment. Finally, the Court held that the opposing expert affirmation in opposition provided only speculative and conclusory allegations that our client doctor failed to properly describe their findings, and that this was insufficient to defeat summary judgment.