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The Appellate Division, Second Department unanimously affirmed an order of the Supreme Court, Kings County granting summary judgment to the Hospital defendants in a medical malpractice action. Plaintiff claimed that he developed infective endocarditis after the defendants allegedly failed to order blood cultures and a transesophageal echocardiogram to rule out endocarditis based upon his presenting symptoms and medical history, including a bicuspid aortic valve. The Hospital defendants moved for summary judgment, arguing that they properly treated the patient whose presentation was not indicative of an acute infectious process.

The motion court granted defendants’ summary judgment motion. Plaintiff appealed, contending that his presentation was consistent with signs of endocarditis, necessitating a further work-up. The Second Department, however, agreed with defendants and affirmed, holding that plaintiff’s expert offered opinions that were contradicted by the record, speculative and insufficient to defeat the defendants’ motion for summary judgment.

Joseph Alexander drafted the summary judgment motion, while briefing was completed by Lena Holubnyczyj and Chris Simone, and Nicholas Tam argued the appeal before the Second Department.

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