ARFD client granted summary judgment in Queens County

Aaronson Rappaport associates Daniel Milstein and Daniel Oresajo successfully moved and argued for summary judgment on behalf of their client, a consulting plastic surgeon, by arguing to limit the duty owed by their client during a vascular surgery that was performed to restore blood flow to the hand of the 78-year old plaintiff, who, ultimately, required an above-the-elbow amputation. The Court granted summary judgment, emphasizing that, in the case of a consulting physician, “Although physicians owe a general duty of care to their patients, that duty may be limited to those medical functions undertaken by the physician and relied on by the patient. Moreover, the question of whether a physician owes a duty to the plaintiff is a question for the court, and is not an appropriate subject for expert opinion.”


Daniel W. Milstein