Summary Judgment Victory in Westchester County
Congratulations to Shaub, Ahmuty, Citrin & Spratt, LLP attorney Joseph Bias for securing a summary judgment victory in Westchester County!
The case centered on an alleged failure to diagnose breast cancer by our client, the plaintiff’s treating OB/GYN, along with the co-defendants, the plaintiff’s primary care physician, and several radiologists.
Joe presented a compelling argument, asserting that our client had conducted thorough examinations during all the plaintiff’s appointments and referred her for appropriate cancer screenings. Joe further argued that the allegations brought against our client were made beyond the applicable statute of limitations. He provided evidence that the plaintiff’s GYN treatment with our client concluded in 2017 and the continuous treatment doctrine did not apply since the plaintiff, as well as her subsequent treatment physicians, did not maintain a relationship with our client.
The Court agreed with Joe’s arguments, ruling that the plaintiff’s Complaint was filed beyond the applicable statute of limitations based on her last date of treatment with our client. Consequently, all claims against them were dismissed.
