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Katherine Fernandez Wins Summary Judgment!

June 28, 2019

Associate, Katherine Fernandez, obtained summary judgment on behalf of our client, a healthcare group,  who was alleged to have contracted with the Hospital to provide the two emergency room physicians who treated the Plaintiff. Plaintiff sought damages for serious injuries surrounding an alleged  failure to timely diagnose and treat a brain aneurysm (saccular aneurysm of the right internal carotid artery) resulting in a subarachnoid hemorrhage and ultimately death.

Katherine argued that our client had no liability for the plaintiff’s injuries because it did not contract to provide the emergency medicine physicians who treated the decedent during her two emergency department visits to the Hospital, and therefore was not vicariously liable for any alleged malpractice.

In a decision dated May 31, 2019, the Honorable Bernard Graham of the Supreme Court, Kings County held that our client established its prima facie entitlement to summary judgment by proffering sufficient evidence, including physicians contracts, medical records, and an Affidavit from our client. As such, the Court granted this motion in its entirety, dismissing the plaintiff’s Complaint against our client.

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