Pat Toner Wins Summary Judgment Motion!
June 20, 2019
Senior Associate, Patrick G. Toner, recently obtained summary judgment on behalf of our client, a physician and a resident in internal medicine, in a medical malpractice and wrongful death action.
Plaintiff had alleged that the defendant negligently prescribed Haldol and Seroquel, two antipsychotic medications, to an elderly female patient with dementia, allegedly resulting in cardiac arrhythmia and death, following the decedent’s discharge from the hospital.
Mr. Toner’s motion argued that the physician, acted, at all times under the direction and supervision of an attending physician with regard to her care and treatment of the decedent during the hospital admission. The motion further argued that the medications ordered by the physician were necessary and appropriate under the circumstances and that the decedent’s autopsy and toxicology records established that there was no causal nexus between the medications prescribed and the decedent’s death following her discharge from the hospital.
In a decision dated June 6, 2019, the court in Supreme Court, Nassau County, held that the defendant had established a prima facie entitlement to summary judgment, as a matter of law. The Court held that the plaintiff failed to file timely opposition to defendant’s motion and further failed to demonstrate the existence of a triable issue of fact , or offer expert opinion necessary to defeat defendant’s prima facie entitlement to summary judgment.
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