Partners Robert Cecala and Margot Weisberg obtained a complete Summary Judgment dismissal in a Queens County medical malpractice action

Aaronson Rappaport partners Robert Cecala and Margot Weisberg obtained a complete Summary Judgment dismissal in a Queens County medical malpractice action on behalf of a cardiothoracic surgeon, fellow, and hospital.

The case involved a plaintiff who experienced post-operative small vessel bleeding after cardiothoracic surgery.  The plaintiff was returned to the OR for repair later that evening.  Plaintiff argued, with expert support, that the defendants negligently caused the small vessel to bleed during the surgery.  The plaintiff’s expert also alleged the defendants failed to timely diagnose and repair the bleeding vessel before closure.  The plaintiff additionally alleged that the surgery was not indicated in the first place, and conservative treatment was not exhausted.

With expert support and citation to Appellate Division caselaw, Robert and Margot established that small vessel bleeding was a known and accepted risk of the surgery that occurred absent negligence.  They also established that the plaintiff’s expert’s argument that the vessel bleeding should (or could) have been diagnosed before closure was based on speculation.   Finally, they established that the surgery was indicated, and no further conservative treatment was necessary.

In granting the motion for summary judgment in its entirety, the Court held that the plaintiff’s expert failed to sufficiently rebut the defendant’s expert affirmation.  The Court agreed with Robert and Margot that the plaintiff’s expert affirmation was conclusory and failed to address all pertinent evidence.

Congratulations on this excellent result!