Summary Judgment in Nassau County
Congratulations to Shaub Ahmuty Citrin & Spratt LLP attorney Taylor Klein on her successful summary judgment motion in Nassau County.
This case involved allegations of failure to diagnose stage IV metastatic breast cancer in a patient with a history of breast cancer with a BRCA 1 gene mutation who underwent prophylactic mastectomy 16 years prior to the diagnosis at issue.
In the year leading up to the diagnosis, the plaintiff complained of back pain and was being treated by orthopedics, pain management, PT and her primary care physician. Routine gynecological care included breast exams and mammography and there was no evidence of disease; however, bone lesions were seen on imaging ordered in response to her complaints of back pain, which led to the diagnosis.
In her motion, Taylor successfully argued that the defendant’s examinations did not give rise to a suspicion for a recurrence of her cancer and since she was under the care of multiple specialists for that complaint, there was no need for any additional consultations or referrals.
The motion was unopposed, and as such, granted in its entirety.
