Appellate Team Victorious in Getting Summary Judgment in Medical Malpractice Action Affirmed

SACS’ Litigation/Appellate Strategy & Advocacy Group scored another medical malpractice victory when the Appellate Division, Second Department affirmed an order granting summary judgment to a general surgeon and hospital defendant in an action involving gallbladder removal surgery secondary to acute cholecystitis. Plaintiff claimed that he suffered a gastrointestinal perforation and developed a bile leak as a result of the laparoscopic cholecystectomy, partial gastrectomy, and jejunostomy.  The Court disagreed with plaintiff’s arguments that questions of fact existed as to whether defendants caused the perforation during surgery, which resulted in post-operative complications.  Citing another of SACS’ recent victories, the Second Department upheld the dismissal, finding that plaintiff’s expert failed to rebut the defense expert’s opinions and raise any triable issue of fact. 

Briefing was completed by Chris Simone and Nicholas Tam, with argument handled by Nick.

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