Closing Out The Year With Another Win!
Pleased to report another nice win for SACS in this medical malpractice case. The Second Department upheld summary judgment for our client who had ordered certain blood tests for plaintiff to rule out the very condition with which he was ultimately diagnosed, but plaintiff changed physicians and refused to have the tests, even though our client followed up and contacted him. Although not stated in the decision, this appeal involved some tricky technical/procedural issues stemming from plaintiff’s flawed affidavits.
Kudos to Jeff Schnaars on the underlying motion and to Lena Holubnyczyj on the briefing.