Ellen Fischer recently obtained summary judgment dismissing a medical malpractice action against a Dutchess County surgeon
Ellen Fischer recently obtained summary judgment dismissing a medical malpractice action against a Dutchess County surgeon. Plaintiff alleged that the surgeon negligently caused the plaintiff to suffer an injury to the common bile duct during a laparoscopic cholecystectomy. We submitted the affidavit of our surgeon client detailing the manner in which he performed the procedure, and denying that he injured the common bile duct based on information contained in post-operative studies. The Court held that the affidavit of the defendant physician was detailed, specific and factual in nature, and therefore met the high burden of proof for a physician’s affidavit in support of a motion to dismiss an action for malpractice in which he is a defendant. The case will continue against a codefendant who treated the patient days after the surgical procedure.