News Brief

Fernandez and Shapiro Obtain Summary Judgment in Hospital Malpractice Case

October 5, 2022

Emily Fernandez (Partner-White Plains, NY) and Gregory Shapiro (Of Counsel-White Plains, NY) obtain summary judgment in Westchester Supreme Court in a medical malpractice claim against Wilson Elser’s client, a hospital. The plaintiff alleges the hospital delayed in diagnosing and adequately treating an infected pacemaker, resulting in the patient experiencing septic shock and multi-organ failure. In its motion for summary judgment, Emily and Greg established the hospital followed the standard of care in diagnosis and treatment of the infection until an arranged transfer of the patient to a tertiary facility could be effectuated. While the plaintiff relied on expert testimony about pacemaker management to support its claims, Emily and George successfully argued the literature on which the expert based his testimony ultimately supported that our client met even the plaintiff’s expert’s standard of care during the patient’s stay.

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