Partner Christopher A. Terzian obtained a summary judgment for our clients in this diagnostic septic shock matter in Supreme Court, Ontario County. In this matter, the plaintiff alleged the defendant physician’s assistant and clinic failed to diagnose septic shock in an elderly patient the day before she died. Our summary judgment motion on behalf of our clients was supported by affidavits of two experts who refuted 23 allegations of malpractice. The experts cited extensive and conclusive evidence showing the decedent was not in septic shock the day before her death, when she was last treated by the defendants. By refuting each allegation with detailed reference to the records and testimony, MCB’s motion for summary judgment was overpoweringly convincing, and forced plaintiff’s counsel to discontinue his case rather than oppose the motion. The outcome shows that when every allegation is refuted with in depth reference to the medical records, this increases the possibility a plaintiff’s attorney will be convinced his case is without merit.
