Attorney obtained summary judgment in a medical malpractice action pending in the state Supreme Court
Attorney obtained summary judgment in a medical malpractice action pending in the state Supreme Court. The plaintiff commenced this action against our client (the medical facility where her hand surgery took place) and the physician who performed the surgery. Our office originally served a motion for summary judgment and the court granted dismissal of the plaintiff's vicarious liability cause of action against the medical facility but found a question of fact existed as to whether or not there was evidence that the medical facility questioned the co-defendant surgeon regarding the difference between the procedure he was about to perform and the procedure that the plaintiff consented to on her consent form. Following this decision, we located the nurse anesthetist who questioned the doctor, as well as the nurse in the operating room that was an eye-witness to this questioning and who then documented the questioning in an incident report. When then conducted their respective non-party depositions and submitted the subject motion to renew seeking summary judgment based on this new evidence arguing the limited issue the court left open had now been resolved. Upon review our motion to renew, the court granted our motion for summary judgment in its entirety.