Summary Judgment in Hysterosalpingogram Case

Summary Judgment in Hysterosalpingogram Case

Senior Trial Partners Thomas A. Mobilia and Jacqueline D. Berger, and Associate Stephen C. Lanzone successfully secured Summary Judgment in case concerning the performance of a hysterosalpingogram (HSG) by MCB’s client doctor, an interventional Radiologist, at MCB’s client Medical Center, upon referral by the plaintiff’s two private treating co-defendant Gynecologists. During the procedure, a hydrosalpinx was diagnosed. The plaintiff later developed a pelvic infection, resulting in removal of the affected fallopian tube and one ovary. The plaintiff alleged all defendants failed to provide antibiotics before, during, and/or after the HSG.

 

MCB moved for Summary Judgment, arguing its clients’ duties were limited to performing the HSG and sending results timely to the referring physicians. As the consulting interventional radiologist, we argued that MCB’s clients properly deferred all medication decisions to the private gynecologists, who were familiar with the plaintiff’s medical history. MCB asserted its client reasonably relied on the co-defendants to fulfill their duties after the report was timely sent to them.

 

The Court granted MCB’s motion in its entirety, finding the interventional radiologist and the Hospital met the standards of care and that plaintiff’s expert failed to address the limited role of a consulting interventional Radiologist.