Summary Judgment Granted where Court Found Plaintiff’s Expert’s Opinion in Opposition to the Motion to be Conclusory

by | Jun 23, 2020 | Case Results, Medical Malpractice | 0 comments

Senior Partner Sean F. X. Dugan, and Partner, Matthew M. Frank’s motion for summary judgment was granted in Nassau County Supreme Court before Judge Steinman.

Plaintiff underwent joint urogynecology and colorectal surgery and later was found to have a skin lesion on her lower back.  Plaintiff claimed the electrosurgical grounding pad used during surgery was misplaced and/or our colorectal surgeon used excessive electrosurgery, leading to thermal skin burn.

Judge Steinman held that we established entitlement to summary judgment by establishing no departure from the standard of care and that plaintiff’s claimed injuries were not proximately caused by our client doctor.  The Court then held that the affirmation of plaintiff’s anonymous general surgery expert was conclusory, riddled with speculation, and conceded to various uncertainties as to the cause.  The Judge noted that plaintiff’s expert failed to describe a standard of care or opine as to the manner in which our client doctor departed.  Accordingly, Judge Steinman granted summary judgment, dismissing the complaint against our client doctor.