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September 2016: Summary Judgment in Failure to Diagnose and Treat Myocardial Infarction Case

September 15, 2016

Senior trial partner, Peter T. Crean, assisted by partner Daniel L. Freidlin obtained a dismissal in Nassau County Supreme Court before Justice George Peck. Plaintiffs claimed that the defendant hospital staff failed to diagnose and treat and acute myocardial infarction leading to permanent heart damage. The hospital records reflect that the plaintiff eloped from the emergency department after an EKG was performed but before he could be evaluated by an attending physician. He was diagnosed with a myocardial infarction at another institution approximately two hours later. Although there was an issue as to whether our client’s emergency department attending physician correctly interpreted the EKG, we presented the evidence in a way that made it near impossible for the plaintiff ’s lawyer to rebut our argument that it the patient’s departure from our emergency department that led to his injuries. We argued that the plaintiff ’s elopement from the emergency department within ninety minutes of arrival prevented our client from timely transferring him to the cardiac catheterization laboratory for intervention. The plaintiff ’s attorney was unable to rebut our summary judgment motion and the case was dismissed.

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