On March 28, 2025,  Daniel O’Connell and Kyriaki Chrisomallides won summary judgment dismissing a medical malpractice action against a major New York City hospital in an action involving allegations of negligence related to an incisional biopsy of the breast and a failure to timely identify and treat a resulting infection, resulting in severe disfigurement of the breast and ultimately requiring reconstructive surgery. The plaintiff claimed that the hospital staff failed to prevent, diagnose, and treat an infectious abscess in the patient’s breast after an incisional biopsy procedure. The Court found that we had diligently established, through our expert affirmation and extensive analysis of medical records and deposition testimonies, that the hospital staff acted within the accepted standard of care, including throughout the diagnosis, treatment, and discharge of the plaintiff.  Moreover, the court concluded that defendants had established a prima facie showing that the plaintiff’s abscess was appropriately treated with a conservative treatment course of IV antibiotics and interventional radiology was appropriately consulted prior to plaintiff’s discharge. The Court further found that the plaintiff’s expert’s affirmation was conclusory, unsupported by the evidence and failed to raise an issue of fact as to proximate cause.