Nicole Martone, Bhalinder Rikhye and Adonaid Medina secured a reversal of an order denying summary judgment on behalf of a hospital client in a medical malpractice action before the Appellate Division, First Department.

The action involved allegations of medical malpractice arising from the postoperative care of an infant patient following orthopedic surgery and the application of a spica cast. Although the Supreme Court denied our client’s motion for summary judgment, finding a triable issue of fact concerning the alleged improper application of the cast, the firm successfully challenged that determination on appeal.

The firm’s appellate arguments addressed the legal sufficiency of plaintiff’s expert proof, the qualifications of plaintiff’s expert to render opinions concerning pediatric orthopedic care, and plaintiff’s reliance upon a theory of malpractice not asserted in the pleadings or bills of particulars.
The Appellate Division reversed the Supreme Court’s order and granted summary judgment in favor of our client, resulting in dismissal of the action against the hospital.