Senior Trial Partner Laurie Annunziato and Partner Amy E. Korn obtained Summary Judgment in Queens County on behalf of our client defendant hospital.
This matter involves an alleged failure to diagnose a left scaphoid fracture in a then 22-year-old single, right hand-dominant male during an August 2015, Emergency Department presentation. The plaintiff sought outside medical treatment from another medical center and in January of 2016 underwent curettage of the scaphoid with an open reduction and internal fixation with screw placement. In June 2017, plaintiff underwent another open reduction and internal fixation with the removal of screws from the left scaphoid with debridement and revision at the same medical center. In September 2019, plaintiff underwent the removal of a screw in his left wrist at the same medical center. Plaintiff complained of continued decreased range of motion of his wrist due to development of osteonecrosis.
MCB was joined by codefendant ED attending, PA and a radiologist. In our Motion, MCB moved that all care was appropriate as our client hospital was vicarious liable for the codefendants’ treatment. MCB also moved to dismiss all independent claims against our client hospital. The Court agreed with our position and dismissed the complaint.