Summary Judgment Secured in Postoperative Care Case

Summary Judgment Secured in Postoperative Care Case

Senior Trial Partner Rosaleen T. McCrory, Partner Anthony M. Chionchio, and Associate Joseph P. Ennis secured summary judgment in a case involving a then 63-year-old plaintiff who alleged failure to timely recognize small bowel perforation following surgical re-establishment of gastrointestinal continuity with esophagogastrectomy, resulting in serositis, abdominal compartment syndrome, septic shock and need for numerous significant surgical procedures.

In granting our motion for summary judgment, the Court agreed with our argument and determined that our client did not depart from good and accepted standards of care and did not proximately cause or contribute to the plaintiff’s injuries. Namely, it was found that the hospital staff provided appropriate postoperative care by transferring the plaintiff to the ICU on two occasions after she became hypotensive and tachycardic and administered appropriate treatment including intravenous lines, vasopressors, an x-ray, CT scan, antibiotics, and additional procedures. Moreover, the Court ruled that we further demonstrated that the perforation was timely diagnosed and appropriately treated through a series of additional procedures.