Supreme Court, Rockland County

Plaintiff presented with neurological symptoms to the emergency department.  Defendant, who was the on-call neurologist, did not come to the hospital to evaluate the patient, and did not order tPA.  The patient was discharged with instructions to follow up with a neurologist.  Ellen A. Fischer successfully established prima facie right to dismissal, based on a neurologist’s opinion that the neurologist’s care was within the standard of accepted medical practice, and that the patient’s subsequent alleged injuries could not have been avoided. The Court agreed with the defense that the plaintiff’s expert, a cardiologist, lacked the expertise required to render an opinion with regard to the standard of care for a neurologist. The Court also agreed that the cardiologist’s opinion was entirely conclusory and failed to address specific, key arguments raised in the defense expert’s affirmation.  The case against the neurologist was dismissed in its entirety.

Result : Summary judgment granted.
Defense Attorney : For the neurologist, Ellen A. Fischer, Sholes & Miller.