Congratulations to Senior Counsel Steven Horowitz, arguing a motion drafted by retired Appellate Counsel James W. Tuffin, who obtained summary judgment in a complex medical malpractice action involving allegations that the only defendant in the case, a board certified internist, departed from the standard of care by failing to timely order appropriate diagnostic testing over a course of treatment spanning nearly five years. Plaintiff alleged that as a result, her heart disease went undetected, ultimately requiring coronary artery bypass surgery. Our summary judgment motion, supported by a board-certified cardiologist, established that our client properly interpreted all of the available clinical and diagnostic information and made proper, timely referrals. We further argued that there were no signs of coronary artery disease evident until the end of the course of treatment at which time, an appropriate referral for testing was made. We also highlighted the fact that the plaintiff was non-compliant in following medication and testing instructions, which was a substantial factor in the delay in her diagnosis.
Plaintiff vigorously opposed our motion and submitted an affirmation from their own board-certified cardiologist, who took the position that our client failed to heed warning signs of cardiac disease over a period of years and that earlier testing would have avoided the major heart surgery. Following oral argument , the Court disagreed and found that plaintiff’s arguments lacked merit. The Court held that plaintiff’s submissions did not competently refute our expert’s position that there was no sound medical reason to suspect cardiac disease earlier and that plaintiff’s repeated failure to follow doctor’s orders contributed to the delay in diagnosis. Congratulations to Jim and Steve on this outstanding result for our client.