Ryan T. Dwan recently obtained summary judgment for a Dutchess County interventional radiology PA-C and radiology practice after a plaintiff alleged that they deviated from the standard of care during, and after, the performance of an image-guided liver biopsy.
In 2021, the plaintiff presented to a Dutchess County hospital for a liver biopsy with a significant past medical history including cirrhosis, head/neck cancer, recent weight loss and marked jaundice. The biopsy was performed without complication by Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) client.
The plaintiff returned to the hospital after falling the next day, along with symptoms of weakness, jaundice and tachycardia. An abdominal/pelvic computed tomography (CT) scan found a hemoperitoneum. An interventional radiologist, FKC&S’s client’s supervising physician, performed an embolization procedure. The interventional radiologist did not observe any active bleeding during the procedure and the embolization was successfully performed to prevent any future bleeding – not to rectify past bleeding. Unfortunately, despite the successful embolization, the plaintiff deteriorated rapidly from his significant liver disease (confirmed by the biopsy at issue) and died several days later.
The plaintiff argued that FKC&S’s clients negligently discharged the patient after his initial liver biopsy despite low blood pressure. Dwan submitted evidence that the plaintiff was actively being treated with medication for low baseline blood pressure due to his liver disease, that he had not taken his medication the morning of the procedure, that he was due for his next dose and that his blood pressure readings are frequently seen in patients with significant liver disease.
Dwan filed a motion for summary judgment. The court agreed with FKC&S’s arguments and took notice of the fact that, as noted in Dwan’s motion, the plaintiff’s expert only referred to specific vital signs which were supportive of their conclusion and ignored others which contradicted the expert’s position.
In addition, Dwan advocated that the plaintiff clearly succumbed to his significant liver disease and not from a temporary bleed, noting that the death certificate indicated his cause of death was cardiopulmonary failure, metabolic encephalopathy and alcoholic liver disease. An autopsy was not performed to otherwise determine a cause of death.