ARFD client granted summary judgment dismissal in Kings County

Aaronson Rappaport associate, Daniel Milstein, and partner, Sam Shapiro, were recently able to obtain summary judgment on behalf of their client, an internal medicine physician, in a wrongful death matter concerning an alleged delay in diagnosing a dislodged gastrostomy tube leading to respiratory distress, peritonitis, and the plaintiff-decedent’s demise. In granting the motion, the Court agreed that the internist-client comported with the appropriate standards of care when he timely called for the appropriate specialist consult and sent the patient to the Emergency Room after his condition deteriorated. Additionally, the Court agreed that the internist-client did not assume any duty regarding the reinsertion of the tube. As the Court determined that there were no triable issues of fact as to the internist-client, it dismissed the complaint against him in its entirety.

Congratulations to Daniel Milstein and Sam Shapiro on their hard work and success on behalf of another happy ARFD client.

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