Case Dismissed: Summary Judgment Win in Queens
Congratulations to Shaub Ahmuty Citrin & Spratt, LLP partner, Dominique Chin, on obtaining summary judgment dismissing all claims against a breast radiologist in a medical malpractice action venued in Supreme Court, Queens County.
In this case, the plaintiff argued a failure to communicate findings of the plaintiff-patient’s breast MRI and failure to refer the plaintiff for a breast biopsy, resulting in a delay in diagnosing the plaintiff’s breast cancer. While the plaintiff did not oppose the summary judgment motion, the co-defendant counsel opposed same, arguing the defendant breast radiologist departed from accepted standards of care in failing to properly communicate the breast MRI findings to the plaintiff and/or referring physician and failed to follow related protocol for same.
In granting the summary judgment motion and dismissing the plaintiff’s Complaint, the Court found that the defense established its entitled to judgment as a matter of law and that co-defendant failed to raise a triable issue of fact to rebut the defendant’s prima facie showing.
