ARFD Of Counsel, Nicole Itkin, and Mallory Turk, win summary judgment in New York County.
Nicole and Mallory represented a pulmonologist, who saw the patient following a chest x-ray and CT scan that showed lung nodules. Following a PET scan, the pulmonologist referred the patient to a cardiothoracic surgeon for surgical evaluation. The patient was diagnosed with Stage IV lung cancer 20 months after being referred to the cardiothoracic surgeon. Plaintiff claimed that the pulmonologist failed to diagnose the decedent’s lung cancer.
With expert support, Nicole and Mallory moved for summary judgment on causation arguing that the patient’s cancer was already Stage IV at the time of the pulmonologist’s involvement with his care and, thus, the pulmonologist’s care did not change the outcome. Though plaintiff entered arguments in opposition, the Court in granting summary judgment agreed with the pulmonologist’s expert on causation and further determined on liability that the pulmonologist’s duty of care to the decedent ended with the referral to a cardiothoracic surgeon. Thus, the pulmonologist was dismissed from the case.
Congratulations to Nicole and Mallory for their well-earned success on behalf of their client.