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Senior Associate Daniel P. Borbet successfully obtained Summary Judgment in Kings County Supreme Court in a case where the plaintiff alleged that MCB's client, a Primary Care Physician, was negligent in failing to work up progressing anemia and refer plaintiff to a specialist, resulting in the diagnosis of Stage IV metastatic gastric cancer.
A motion for Summary Judgment was filed on behalf of the Primary Care Physician and its practice, supported by expert Affirmations from internal medicine and oncology experts, who attested that the care provided by the Primary Care Physician was at all times appropriate, the plaintiff was timely evaluated, closely monitored, and an appropriate plan of care was established. The experts further opined that the Primary Care Physician considered plaintiff's labs, which reflected anemia, and appropriately pursued plaintiff to return for repeat blood work, along with referring plaintiff to a hematologist. The Court found that MCB's client Physician had met its burden of establishing a prima facie showing of entitlement to Summary Judgment.
The plaintiff opposed the motion and argued that the defendants did not do enough to pursue the plaintiff following the blood work which reflected anemia, that the plaintiff testified that he did not recall being contacted about his abnormal labs, and that defendant should have referred plaintiff for a colonoscopy. The Court found these arguments unavailing. plaintiff's experts ignored the record, which demonstrated that calls were made and letters were sent to the plaintiff after the abnormal labs, and that the plaintiff made no gastrointestinal complaints that would warrant a colonoscopy.
Accordingly, Summary Judgment was granted in its entirety, and MCB's client Physician and the practice was dismissed from the case.