Kadeem Wolliaston (Associate-Albany, NY) secured dismissal of all claims in the New York Supreme Court, Jefferson County, for Wilson Elser’s nurse practitioner client. The plaintiff, on behalf of the deceased patient’s estate, alleged that multiple health care providers failed to timely diagnose and treat prostate cancer, resulting in progression of the disease, conscious pain and suffering, and death. Our client’s involvement in the patient’s care was limited to two discrete office visits, one for an acute complaint of chronic low back pain and the other for cognitive concerns.

In moving for summary judgment, Kadeem demonstrated that the nurse practitioner was neither the patient’s primary care provider nor a urology specialist, did not manage his ongoing preventive or prostate-related care, and appropriately addressed the specific complaints presented during each encounter. The motion further established that neither visit was an annual or preventive-care examination, and that the patient did not present with urinary or prostate-related complaints. Kadeem also relied upon the applicable PSA screening recommendations, the patient’s age, medical records, deposition testimony, and expert opinion establishing that the nurse practitioner did not depart from accepted standards of care and that her treatment did not cause or contribute to the alleged delay in diagnosis.

Following the filing of the motion, plaintiff’s counsel obtained authority to discontinue the action against Wilson Elser’s client and certain other health care providers. The parties subsequently agreed to a partial stipulation of discontinuance dismissing the claims against the nurse practitioner with prejudice, without costs, and without any payment on her behalf. The result removed the nurse practitioner from the litigation while the action continues against the remaining defendants, avoiding further motion practice and trial preparation for the client.