Appellate Victory for ARFD on behalf of Hospital and Emergency Room physicians!

Reversing the decision of the motion court, the Appellate Division, First Department awarded summary judgment dismissal in a case involving an alleged failure to diagnose a cervical abscess during an emergency room presentation four days prior to plaintiff’s eventual diagnosis with the cervical abscess.  Plaintiff claimed the ER should have performed additional testing due to his presentation with lower back pain, which would have revealed the need for additional testing, including for infection or a cervical condition.

On appeal, the First Department reversed the lower court’s holding that plaintiff’s theory was sufficient to raise a triable issue of fact.  It did so, holding, in pertinent part, that plaintiff’s theory was based on hindsight that could not be used to impose liability for the alleged failure to investigate an unindicated condition.

Congratulations to Appellate Partner, Deirdre Tracey, and Partner, Patrick Mevs, on the success of this appeal.