Gemma Kenney, John Barker and Rani Kulkarni prevailed on a motion for summary judgement on behalf of an individual physician and New York hospital system dismissing the Complaint in its entirety. The matter centered upon the plaintiff’s allegations of medical malpractice, informed consent, res ipsa loquitor, vicarious liability and negligent hiring, supervision and retention. Plaintiffs alleged that the defendants failed to timely rule out squamous cell carcinoma causing a delayed diagnosis of same which led to a right below-the-knee amputation. In the motion papers and upon oral argument, the defense team argued that the defendants’ care and treatment were at all times consistent with the standard of care and the defendants’ actions were not a proximate cause for plaintiffs’ injuries.  Defendants cited extensively to the record, expert affirmations and deposition testimony to demonstrate same. Plaintiff’s counsel filed opposition, but the Court held that plaintiffs’ expert failed to raise a genuine issue of fact as their qualifications were not sufficiently laid and their opinions were conclusory, speculative and unsupported by the records. Further, the informed consent claim was dismissed as it did not apply where the injuries alleged resulted from failure to undertake care and treatment. Plaintiff’s counsel failed to address any argument related to Res Ipsa Loquitor and Negligent Hiring, so those claims were also dismissed. In regard to vicarious liability, the individual physician was never employed by the hospital system which was proven through affidavit and therefore, vicarious liability was inapplicable and dismissed as well.