Ellen Fischer successfully obtained a complete dismissal of a lawsuit against emergency medicine group
Ellen Fischer obtained a complete dismissal of a lawsuit against a Sullivan County emergency medicine physician and emergency medicine group, pursuant to summary judgment motion. The plaintiffs alleged that the defendant physician should have admitted the patient, who had an artificial heart valve, to the hospital as an inpatient for observation and workup of a presumed infection, due to the potential risk of developing endocarditis leading to a stroke. The plaintiffs submitted an expert affirmation in opposition to the motion, and the defense submitted a reply successfully arguing that the plaintiffs’ expert affidavit was conclusory and speculative. The Court dismissed the claims against our clients without requiring them to go through a trial.