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Recommendation for Surgery Not the Duty of Interventional Radiologist

June 16, 2020

Partners, Anthony M. Sola, Daniel L. Freidlin, Elizabeth J. Sandonato, and Associate, Kerona K. Samuels' motion for summary judgment was granted dismissing the MCB-defendant physician from the action, venued in  Supreme Court, Queens County.


Plaintiff alleged a failure to diagnose cholecystitis, septicemia, and a perforated gallbladder in September 2012 when she presented to the co-defendant hospital.  We represented an interventional radiologist against whom plaintiff alleged recommendations for surgical intervention should have been made.  We argued the defendant’s involvement was limited to the performance of a CT-guided liver biopsy and the claimed injuries were not proximately caused by care and treatment provided by the defendant.  Our reply papers noted plaintiff’s expert opinions were devoid of opinions and/or departures against our client.


The court agreed, stating we established entitlement to summary judgment and plaintiff’s experts failed to raise a question of fact with respect to any alleged departures originally pled.  The outcome extricated the defendant from the case, leaving the co-defendant hospital and surgeon to proceed to trial on a case with a $4 million demand.

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