201608.31
0

Summary Judgment Granted in Medical Malpractice/Failure to Diagnose Claim

Plaintiff commenced a medical malpractice claim predicated on our client Emergency Room physician’s alleged failure to diagnose extremely rare Fish Handler’s Disease. We argued that Defendant did not depart from the applicable standards of care, that plaintiff failed to follow Defendant’s recommendations and that Defendant did not cause any injury to plaintiff. We argued the…

201608.31
0

Court Dismisses Plaintiff’s Complaint for Failure to Prosecute Medical Malpractice Claim

Plaintiff commenced a medical malpractice and wrongful death claim against Defendant.  More than one year after Defendant joined issue and served discovery demands, plaintiff failed to provide any discovery or a Verified Bill of Particulars.  We served plaintiff with a 90-day notice pursuant to CPLR 3216, demanding that she resume prosecution of her claim and…