Feldman, Kleidman, Coffey & Sappe LLP (FKC&S) recently obtained a discontinuance for an Orange County, NY orthopedic surgeon. The plaintiff asserted a host of allegations regarding the surgeon’s care. She mainly alleged that the surgeon was negligent in failing to provide appropriate care following a purported “fall” in the hospital several days after the surgeon performed a bilateral total knee arthroplasty.
Shortly before the trial was to commence, Bain R. Loucks filed a motion for summary judgment on behalf of the surgeon. In the motion, he argued that the surgeon was never advised of the alleged fall and there was nothing in the medical records to suggest that there was a fall, nor that anything untoward occurred with the plaintiff.
The surgeon saw the plaintiff several days later and, upon examination, immediately diagnosed her with bilateral knee dislocations and made arrangements to take her back to the operating room (OR) for revision surgery. Bain argued that the care and treatment provided was appropriate and consistent with the standard of care applicable to orthopedic surgeons.
Following receipt of the motion, rather than opposing, the plaintiff agreed to discontinue the claims against the surgeon and to continue the case against the hospital where the “fall” occurred.
The detailed motion for summary judgment addressing and refuting the claims of alleged negligence resulted in the plaintiff discontinuing the case against FKCS’s client, who was then spared the trauma and expense of going through a trial.