On July 30, 2024, Mamie Stathatos-Fulgieri and Jesse Wang won summary judgment on behalf of a major NYC hospital in a medical malpractice action venued in New York County Supreme. Plaintiff alleged that the hospital negligently discharged the plaintiff’s decedent, resulting in the decedent’s untimely death. In our motion papers, we argued that plaintiff’s decedent was appropriately discharged, as the decedent demonstrated compliance with treatment, a positive response to the medication administered, and did not manifest symptoms indicating the decedent was a danger to themselves or others. The Court granted our motion, as there was no evidence that the decision and manner that the decedent was released was anything less than a professional medical determination, as the decedent had been medically and psychiatrically cleared for discharge. The Court found that we had diligently established, through our expert affirmation and extensive analysis of medical records and deposition testimonies, that the hospital was always within the accepted standard of care, including throughout the diagnosis, treatment, and discharge of the decedent. The Court also found that plaintiff’s expert’s statements were conclusory, specifically taking issue with their expert’s admission that the decedent’s manner of death was “undetermined” and that there were countless intervening events following the decedent’s discharge that could have resulted in their unfortunate outcome.