ARFD Partner, Patrick Mevs, wins Summary Judgment dismissal in Westchester County!

Aaronson Rappaport partner Patrick P. Mevs recently obtained a summary judgment dismissal in a Westchester County medical malpractice action on behalf of a hospital and physician’s assistant.  The plaintiff alleged that the physician’s assistant acted negligently while assisting in a left achilles tendon repair surgery, leading to significant nerve injuries.  The claim further alleged that the hospital’s physicians and staff improperly monitored the plaintiff post-operatively and prematurely discharged her.  This purportedly then led to an exacerbation of the alleged nerve injuries.

With expert support, Patrick argued that the intraoperative care by the physician’s assistant was entirely appropriate.  Patrick’s motion also provided substantial evidence that the post-operative monitoring was exemplary, and the plaintiff was properly discharged in stable condition.

In granting the motion for summary judgment in its entirety, the Court held that the plaintiff’s expert failed to offer sufficient competent evidence to dispute the showing that the care by the hospital and physician’s assistant was appropriate at all times.  The plaintiff’s opposition was thereby unable to dispute the defendants’ arguments.

Congratulations to Patrick and his clients for this excellent result!