Associates Adam T. Brown and Ryan J. Slattery obtained a dismissal in response to our motion for summary judgment as to our client hospital. The plaintiff had been treated by a private attending gastroenterologist for hemorrhoids. It was alleged that rubber banding ligation procedure was negligently performed by the gastroenterologist co-defendant. In summary judgment, we argued that the hospital staff did not exercise independent medical judgment in regard to the medical treatment at issue, and that the hospital could not be vicariously liable for the private attending physician. Unable to oppose our motion, plaintiff provided a discontinuance in favor of our client.
