Emily Fernandez (Partner-White Plains, NY) and Christopher Peticca (Associate-White Plains, NY) obtained complete dismissal on a motion for summary judgment in Westchester County Supreme Court on behalf of their client hospital and two treating pediatric hospitalists. The plaintiff claimed that we prematurely discharged a jaundiced infant with a direct-to-total bilirubin ratio greater than 15% in violation of the standard of care and the hospital’s policy. Plaintiff demanded $8 million, claiming the alleged departures led to a delayed Kasai procedure, multiple interventional radiology procedures, a liver transplant, developmental delay, and other sequela. Emily and Chris established that the standard of care requires a repeat bilirubin test only when the ratio is greater than 20%, and that the repeat test should not, in any event, be done immediately owing to the pathophysiology of an infant’s liver processes. They argued that the plaintiff failed to refute the standard of care for repeat testing and that plaintiff’s expert affirmation was speculative and therefore insufficient to raise a triable issue of fact. Ultimately, the court found that plaintiff’s expert did not adequately refute that discharging the infant for retesting in an outpatient setting was consistent with the standard of care. The judge also held that plaintiff’s expert failed to opine that the purported failure to perform an in-patient cholestasis work-up and the purported failure to communicate directly with the infant’s pediatrician proximately changed the outcome, so the plaintiff failed to raise a genuine issue of fact as to those claims. The codefendant pediatricians remain in the case, as their motion for summary judgment was denied.