Courtroom Success 2016-9: Partners Ralph Suozzo and Noel Dumas and Associate Linda Smith

Partners Ralph Suozzo and Noel Dumas, along with Associate Linda Smith, won summary judgment in a medical malpractice/wrongful death case. Plaintiff alleged that our client, an on-call medical provider to a nursing home, was negligent in failing to send the decedent to the hospital immediately after he fell while getting out of bed to walk to the bathroom unassisted. He was sent to the hospital 42 hours later, and underwent surgery due to a subdural hematoma. Plaintiff claimed that the patient’s death, 4 ½ years later, was due to immobility caused by the negligence of our client and the co-defendant, another on-call medical provider. The court agreed that the plaintiff’s expert testimony was insufficient to demonstrate any damages related to the delay in diagnosis as opposed to the injury itself.