Jessica George Successfully Obtained Dismissal of Multi-Million Dollar Wrongful Death Claim
Jessica George obtained dismissal of plaintiff’s multi-million dollar claim for wrongful death via summary judgment on behalf of our defendant urologist and his practice in the Supreme Court, Suffolk County. Plaintiff alleged that decedent’s death, which occurred over two years after the alleged negligence, was caused by defendants’ care and treatment. However, the Court ultimately agreed that defendants sufficiently established that decedent’s numerous subsequent treatment records and death certificate proved that he ultimately succumbed to his unrelated underlying conditions, rather than the alleged negligence.
Jessica was also successful in defeating plaintiff’s cross-motion for summary judgment on plaintiff’s claim of lack of informed consent. The Court granted dismissal of same, holding that defendants successfully argued against plaintiff’s expert’s qualifications to opine regarding the issue of informed consent, effectively raised issues regarding plaintiff’s self-serving affidavit submitted in support of same, and appropriately utilized the defendant urologist’s testimony regarding his recollection of decedent’s treatment and his custom and practice regarding informed consent discussions.