Partner Tina Scognamillo won Summary Judgment in a Bronx County case concerning allegations against several defendant physicians as well as a hospital where Plaintiff’s estate alleged a failure to properly treat a right foot wound, which ultimately became infected causing osteomyelitis and led to an above the knee amputation. We represented an Infectious Disease physician who was called to see the patient multiple times in consult during a hospitalization. Plaintiff alleged that our client failed to diagnose a foot infection and osteomyelitis, failed to prescribe an antibiotic and failed to follow the results of an Indium scan.
In support of our motion, Tina utilized the opinion of a board certified infectious disease expert and argued that, during the course of the hospitalization, the patient did not present with any signs of an infection and was found to have a normal WBC. She further argued that our client properly ordered an Indium scan (to determine a fever of unknown origin). At the time of discharge, the Indium scan results were pending, and as such, our client, along with the patient’s private medical doctor (who was the attending in connection with the admission) agreed that the latter would follow for the Indium scan results and communicate same to the patient. The Court found these arguments persuasive and granted our motion for Summary Judgment.
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