Summary Judgment Granted in Neurosurgery Case

Summary Judgment Granted in Neurosurgery Case

Senior Trial Partner Anthony Sola obtained summary judgment in New York County in a neurosurgery case. This case involved an alleged failure to timely diagnose parotid gland adenocarcinoma in a then 62 year old man. The patient presented to our neurosurgeons between February and April 2018 for evaluation of possible trigeminal neuralgia. After reviewing the intracranial findings of the patient's MRI's of the brain, our neurosurgeons did not recommend neurosurgical intervention. Plaintiff alleges that our neurosurgeons failed to diagnose plaintiff's extracranial finding of parotid gland adenocarcinoma. We argued that the standard of care does not require a neurosurgeon to interpret radiological findings in the region of the parotid gland as this is outside a neurosurgeon’s training and expertise. Plaintiff did not oppose our motion and ultimately executed a stipulation of discontinuance.