Dov Sternberg (Partner-New York) and Jacob Gash (Associate-New York) were awarded summary judgment in Kings County Supreme Court in a medical malpractice action brought against a New York Medical Center and an emergency room doctor for the alleged failure to timely diagnose and treat a type-A aortic dissection, a rare and often fatal condition that is difficult to diagnose because its presentation can resemble more common cardiac conditions. It is generally diagnosed by an echocardiogram or a chest CT angiogram (CTA). During the decedent’s emergency room course he was provided a full cardiac workup and the aortic dissection was ultimately diagnosed by CTA within four hours of the decedent’s admission. The primary issue in the case was whether the CTA was ordered and performed within a reasonable time. Dov and Jake’s summary judgment motion, supported by an emergency medicine expert, argued that the workup was timely and appropriately performed. In opposition plaintiff offered the affirmation of a cardiologist, arguing that defendants failed to appreciate the results of a chest x-ray and D-dimer, delaying the diagnosis of the aortic dissection. In reply Dov and Jake argued that since this case involved emergency room treatment by an emergency medicine physician, plaintiff’s reliance on the opinions of a physician not board certified in emergency medicine who failed to demonstrate the reliability of his opinion, was of no probative value. In deciding the motion, the court determined that Dov and Jake made a prima facie case for summary judgment and also found that the plaintiff failed to create a triable issue of fact since the court could not consider the plaintiff’s expert affirmation as plaintiff’s expert failed to lay the proper foundation to demonstrate the reliability of the expert’s opinion. Prior to summary judgment the case had an estimated sustainable value of $2 million and plaintiff had made a settlement demand of $950,000.