Associate Ziwei “Lillian” Wang obtained summary judgment for our two physician clients in a medical malpractice action in Bronx County Supreme Court.
Plaintiff alleged that our clients failed to order timely diagnostic testing and appropriate treatment for a foot ulcer, resulting in worsening wounds of the left leg, osteomyelitis, and a left below-the-knee amputation.
We filed a summary judgment motion on behalf of our clients with expert opinion supporting that our clients did not depart from the standard of care, as they appropriately monitored the patient’s co-morbidities, promptly responded to any ulcers with treatment, obtained diagnostic testing and specialist consultations in a timely manner, and appropriately transferred the patient to the hospital when indicated. Furthermore, we argued that our clients’ treatment did not cause or contribute to the claimed injuries which were inevitable given the patient’s comorbidities.
Thereafter, plaintiff’s counsel filed an opposition to our summary judgment motion with an expert opinion in support, contending that our clients failed to adequately evaluate the patient’s vascular condition and ensure that the diagnostic studies they ordered were timely performed. In reply, we argued that plaintiff’s expert’s opinion was contradicted by the medical records which documented multiple instances of our clients’ efforts to obtain vascular consults and diagnostic studies. In addition, we argued that plaintiff’s expert failed to raise an issue of fact as to the lack of proximate causation.
The Court’s decision granted our motion for summary judgment as to both physicians, holding that plaintiff failed to rebut our clients’ prima facie showing of entitled to summary judgment on both liability and causation. In rendering its decision, the Court agreed with our position that the mere fact that the patient began developing ulcers during the subject treatment did not prove that our clients’ care for her was negligent.