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David Varriale Obtains Summary Judgment In Medical Malpractice Case in Kings County Supreme Court

Wednesday, April 11, 2018   (0 Comments)
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David Varriale, Kaufman Borgeest and Ryan LLP,  in Valhalla, NY, obtained summary judgment in a medical malpractice case in Kings County Supreme Court on behalf the firm’s client, a New York City-based medical center and health care system. Plaintiff alleged a claim for negligence and loss of services on behalf of her son and infant-plaintiff, claiming that the medical center improperly performed a November 15, 2009, CT scan, failed to diagnose properly the infant-plaintiff’s right ear fracture, improperly discharged him from the emergency room, and failed to prevent complications. David argued that the infant-plaintiff was properly discharged following his emergency room visit and that the hospital’s evaluation was sufficient to rule out emergency trauma.  An expert radiologist reviewed the November 15, 2009, CT scan and opined that the scan was properly interpreted by the hospital staff.   David argued that the CT scan was timely performed, and the hospital did not depart from the standard of care in failing to identify the middle ear bone dislocation.  Additionally, David argued that the type of fracture suffered by infant-plaintiff usually heals on its own.

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