Patrick D. Egan of Winget, Spadafora & Schwartzberg LLP’s New York office secured summary judgment in favor of the firm’s client, a medical group that provides various services to homebound patients, in a multi-party medical malpractice and wrongful death action in the Supreme Court of the State of New York, Kings County.
In the case, the plaintiff claimed that our client rendered certain home nursing services to the decedent in an improper and negligent manner resulting in the decedent’s development of pressure ulcers and ultimate demise. After deposing multiple parties and eliciting favorable testimony with respect to the services rendered by our client, we filed a motion for summary judgment that was supported by a detailed expert affidavit. In furtherance of our motion, we argued that the plaintiff’s purported negligence action was duplicative of plaintiff’s medical malpractice action, that both such actions were therefore subject to dismissal pursuant to the relevant two-and-a-half-year statute of limitations, and that there was no tolling of the statute of limitations pursuant to the continuous treatment doctrine. We further argued that the medical treatment rendered by our client did not cause and/or contribute to the decedent’s death.
In an 11-page Decision and Order, the Court granted our motion for summary judgment and dismissed plaintiff’s complaint in its entirety as against our client.
This matter was handled by Patrick D. Egan, a partner in the New York office of Winget, Spadafora & Schwartzberg, LLP. He can be reached at egan.p@wssllp.com.
