Bill Gagas, a partner in DNZ’s Healthcare & General Liability Defense Group, recently obtained a sweeping victory on his motion for summary judgment, dismissing all claims against our client, an attending physician at an inpatient rehabilitation and nursing facility in Brooklyn, New York.

The Court found that our client met her prima facie burden in establishing the absence of a departure from the standard of accepted care between the care provided and the patient’s injuries. The motion was supported by an affirmation of an expert palliative care specialist.

In assessing plaintiff’s opposition to the motion, the Court ruled that plaintiff’s expert internist and geriatrician failed to raise a triable issue of fact. Namely, the Court rejected the expert’s opinion, which was primarily based upon a new theory of liability regarding management of the patient’s blood pressure medication, and a more comprehensive workup to determine the cause of the patient’s orthostatic hypotension.

The Court also found that this “hypotension theory” as a cause of the patient’s sudden decline was not previously pled in the Complaint, Bill of Particulars, or prior Expert Disclosure, in order to provide sufficient notice to the defendants, and therefore could not be considered for the first time in opposition to the motions. The Court further found that plaintiff’s expert failed to address the specific points made by our expert and was largely conclusory and speculative.

Read the entire court order and decision here:

Order – Decision on MSJ