Bartlett LLP’s medical malpractice defense team secures dismissal of plaintiff’s claims
May 31, 2022
Congratulations to Bartlett LLP’s medical malpractice defense team for securing a dismissal of plaintiff’s claims against its hospital client last week.
This was a complex matter involving claims of psychiatric malpractice and wrongful death. In its thoughtful and well-reasoned 49-page decision, the Supreme Court, New York County, ruled that the hospital established prima facie that its physicians administered the appropriate anti-psychotropic medication to the plaintiff. The court ruled that in opposition, plaintiff failed to raise an issue of fact.
The court agreed with the hospital’s arguments, including that plaintiff failed to rebut its expert’s affirmation because plaintiff’s expert’s opinion “simply lumped all defendants together without differentiating between them.” Turning to the issue of proximate cause, the court ruled the alleged departures were not the cause of plaintiff’s fall, because by the time of her discharge from the hospital, plaintiff had returned to baseline and was without suicidal ideations.
A job well done to our entire team, including Robert Elliott, Grace McCallen, and Steven E. Snair, who argued the motion.