Summary Judgment Win for Christian McCarthy and Kiki Chrisomallides

Christian McCarthy and Kiki Chrisomallides obtained summary judgment on behalf of our hospital client in a medical malpractice action involving allegations of a failure to timely diagnose and treat a pelvic abscess and anastomotic leak that purportedly led to infection, perforation, additional surgeries, and the need for a colostomy.

Our team demonstrated that the plaintiff presented to the hospital already exhibiting signs of a severe infection and sepsis. Hospital staff appropriately performed an exploratory laparotomy, lysis of adhesions, partial omentectomy, necrosectomy of the abscess cavity, and creation of an end colostomy—procedures that ultimately saved the patient’s life. The evidence established that the hospital’s involvement began only after the infection had already developed.

We further established that the decision to perform an end colostomy reflected sound medical judgment as the safest and most effective course given the plaintiff’s condition. Alternative procedures suggested by plaintiff’s counsel were shown to be impractical and unsafe under the circumstances.

Following oral argument, the court granted our motion for summary judgment, dismissing all claims against the hospital with prejudice.