Senior Partners Thomas A. Mobilia and Yuko A. Nakahara obtained summary judgment on behalf of our client cardiologist in a matter pending in New York County. The cardiologist performed a complete work-up of the patient, which included a stress test and CTA – both of which were concerning for significant coronary artery disease. With this, the patient was promptly referred to the hospital to be further evaluated and treated by an interventional cardiologist via diagnostic angiogram, and possibly, stenting. The patient presented to the hospital as recommended, underwent the angiogram and was found to have a 95% blockage of his LAD. Stenting was then pursued – however, the procedure was aborted due to a stroke.
In its decision and order granting summary judgment, the Court held that the care and treatment rendered by our client cardiologist was appropriate, and did not, in any way, cause the patient’s injuries. On the issue of informed consent, the Court further held that as the referring physician who was not involved in the procedure, our client did not have a duty relative to informed consent. All claims against our client were dismissed.