Summary Judgment Won on behalf of a Major New York Hospital, including each individually named physician, in a Medical Malpractice Case in Nassau County

On October 17, 2023, Gemma Kenney and Seema Palmerson won summary judgment in a medical malpractice case brought against a major New York Hospital and four individually named physicians.  Plaintiff’s claims related to the treatment of plaintiff’s labor and delivery, specifically concerning the administration of Cytotec and Pitocin given during plaintiff’s labor.  Through the use of deposition testimony of numerous party witnesses, together with documentary evidence in the form of medical records, the VBPNP team established a prima facie entitlement to judgment by showing that there was no departure from good and accepted medical practice.  The Court granted dismissal of all of the claims asserted against the Hospital, as well as the individually named physicians, citing to the arguments posited within the expert affirmations submitted in support of defendants’ motions.  The Court found that the motion papers sufficiently established that the individually named physicians and Hospital staff were acting at the direction of the private attending physician, and there was no evidence that the Hospital staff or physicians were making independent decisions regarding the care and treatment of the plaintiff.  The Court found that plaintiffs’ experts’ opinions were insufficient to create a question of the standard of care attributable to the Hospital staff or individually named physicians.  As a result, the Court found that all causes of actions asserted against the Hospital and individually named physicians were severed and dismissed.