Summary Judgment for Tim Lenane in Kings County

Tim won a summary judgment in Kings County for a hospital and five of its physicians in a case involving claims of medical malpractice for allegedly failing to diagnose Burkitt’s Lymphoma and diffuse large B cell lymphoma, from which the decedent eventually passed away. This complex motion initially required the use of experts from several fields.

Plaintiff choose not to oppose the motion brought on behalf of a surgeon, internist, and critical care specialist and to focus solely on the allegations against two emergency medicine providers. Our motion on behalf of our clients argued that the care provided during two separate Emergency Department presentations was within and even exceeded the relevant standard of care in their treatment of the decedent. The Court concluded that our clients performed complete examinations of the decedent, ordered all appropriate and necessary tests, and discharged the decedent with proper instructions.

We argued that the affirmation of plaintiff’s endocrinology expert was a textbook example of speculative and conclusory opinions. The Court agreed, finding that the expert’s opinions were of a general and conclusory nature relating to signs and symptoms of lymphoma, and that plaintiff’s expert did not opine as to how the failure to diagnose lymphoma or diffuse large B Cell lymphoma constituted a departure from the standard of care, in light of the patient’s complaints during the Emergency Department presentations. It held that “[t]he affirmation of [plaintiff’s] expert is conclusory, based on hindsight and not based on the evidence.”