Patricia Comblo and Jeffrey Nichols secure summary judgment win

On November 16, 2023, Patricia Comblo and Jeffrey Nichols secured summary judgment in Queens County Supreme Court on behalf of a Queens County dentist. Plaintiffs’ counsel alleged a failure to diagnose squamous cell carcinoma which resulted in the advancement of the cancer and required surgery/chemotherapy. The court initially found that the underlying motion papers sufficiently established entitlement to summary judgment through the use of medical records,  deposition testimony and supporting expert affirmation. Plaintiffs’ counsel opposed the motion with both a dental expert and an oncology expert. The Court found that the plaintiffs’ experts did not appropriately articulate the standard of care and based their opinions on impermissible speculation.  Accordingly, the Court granted summary judgment to the defendants.