Managing and Appellate Partner, Michael N. Romano, and Senior Associate Deborah J. Cann, obtained summary judgment on behalf of our client Hospital and its employees, a Registered Cardiovascular Invasive Specialist (“RCIS”) and a Cardiovascular Technologist (“CVT”), in a case where it was claimed contrast dye was injected at the inappropriate time during a cardiac catheterization, resulting in a right ascending aortic dissection.
In support of summary judgment, the affirmation of an expert cardiologist was submitted. This expert opined the RCIS and CVT appropriately deferred to and followed the direction of the co-defendant Board Certified and Fellowship-training cardiologist, who testified he performed over 2000 cardiac catheterizations, as to when to inject the dye. It was also argued the Hospital was not vicariously responsible, as a matter of law, for the alleged malpractice of the co-defendant cardiologist, who was not an employee of the Hospital and admitted the plaintiff, his private patient, directly to the Hospital for the procedure. Finally, it was argued since plaintiff asserted no claim for nursing malpractice in the bills of particulars, any such claim should be precluded against the Hospital.
The Court granted the motion in its entirety, dismissing all claims against MCB’s clients.