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Partners John Bugliosi and Adam Brown, and Associate Kristen Griffin successfully obtained Summary Judgment in a case alleging negligent treatment of plaintiff’s Clostridioides difficile (C. diff) infection, in Rockland County Supreme Court. The matter involved the plaintiff’s admission to a codefendant hospital with a diagnosis of C.difficile colitis. During this lengthy admission until his death, plaintiff received treatment from MCB’s client Infectious Disease physician, along with physicians from numerous other medical specialties.
MCB moved for Summary Judgment, supported by an expert affirmation from a physician board certified in Infectious Disease, establishing that the care and treatment rendered by MCB’s client was at all times within good and accepted standards of medical practice and that physician plaintiff was appropriately treated from an Infectious Disease perspective. Specifically, MCB demonstrated that the C. difficile infection was appropriately treated and ultimately resolved, as reflected in the autopsy report. MCB further established that, as an infectious disease consultant, MCB’s client provided consultative care alongside multiple treating specialties, including surgery, gastroenterology, cardiology, pulmonology, nephrology, and hematology.
The Court granted MCB’s motion, finding that MCB established through expert affirmation, medical records, and the autopsy that its Infectious Disease physician properly managed the plaintiff’s care in accordance with the accepted standard of care and that C. difficile was not the proximate cause of death. The Court further held that plaintiff’s opposition was conclusory and speculative and failed to raise atriable issue of fact. The Court dismissed the Complaint against MCB’s client in its entirety.