Summary Judgement Win on behalf of Radiologist Clients in Medical Malpractice Action

by | Dec 29, 2020 | Case Results, Medical Malpractice | 0 comments

Senior Partner Anthony M. Sola, Of Counsel Anthony M. Chionchio and Associate Maria Stavrakis obtained a summary judgment dismissal on behalf of our client radiologists and radiology practice group in Supreme Court, Queens County.

In this matter, plaintiff alleges that defendants failed to timely diagnose and treat lower extremity osteomyelitis in the infant-plaintiff resulting in the need for intravenous antibiotics and surgical debridement. MCB submitted the affirmation of an expert, Board Certified in Radiology, who opined that our client radiologist appropriately interpreted the lower extremity x-rays, suspected osteomyelitis and recommended subsequent MRI imaging to confirm the diagnosis. The infant-plaintiff underwent the MRI study at an outside facility shortly thereafter. The infant-plaintiff ultimately returned to the hospital thereafter and underwent a CT scan of the lower extremity which we argued was correctly interpreted by our client defendant-radiologist, as demonstrating evidence of osteomyelitis for which the patient was placed on intravenous antibiotics.

The Court found that we made a prima facie showing of entitlement to summary judgment.  Plaintiff’s counsel opted against opposing our application. Accordingly, Justice O’Donoghue granted MCB’s motion in its entirety and dismissed the action as against our clients.