Summary Judgment Obtained in ENT Case

Summary Judgment Obtained in ENT Case

Senior Trial Partner Peter Crean and Partners Elizabeth Sandonato and Emma Glazer obtained Summary Judgment in an ENT case involving an alleged delay in diagnosis and treatment of a rare infection called Ludwig's angina. Our defendant provided only a telephonic consult after the patient was already on appropriate antibiotics and confirmed that surgery was not indicated. She never met the patient in person. MCB moved for summary judgment on the basis that as a matter of law, our defendant did not owe a duty of care to this patient whom she never met and did not make any affirmative treatment recommendations, and two, even if she did, she met the standard of care because our expert agreed that surgery was not indicated and none of her actions or inactions caused the patient's injury. As such, this case was dismissed as to our clients.