Second Department Affirms Dismissal of Medical Malpractice Claims
SACS is pleased to share another appellate win in the Second Department. Nicholas Tam secured an affirmation of the trial court’s order, dismissing all medical malpractice claims in this matter.
The Court upheld the trial court’s order dismissing as time-barred the claims relating to treatment rendered between December 4, 2016, and January 16, 2018, and further dismissing the remaining claims of alleged malpractice between January 16, 2018, and March 1, 2021.
In its decision, the Court found that the motion court properly granted summary judgment to the defendants, noting that the plaintiff’s expert failed to raise a question of fact regarding any alleged malpractice occurring after January 16, 2018. The alleged departure, the failure to communicate the results of a urine test, occurred in April 2017, outside the applicable statute of limitations. Moreover, because the plaintiff did not report symptoms consistent with kidney disease during subsequent visits, the expert failed to identify any independent departures from accepted medical practice.
This decision represents a significant appellate victory and a full defense win for our clients.
