Furshpan and Russo Obtain Summary Judgement for Medical Malpractice Client

After nine years of litigation, Daniel Furshpan and Lauren Russo successfully obtained summary judgment on behalf of our client, resulting in the complete dismissal of a medical malpractice action brought against him.

The case involved a workplace injury in which the plaintiff sustained a severe thumb laceration. Our client, an orthopedic hand surgeon, treated the injury non-operatively, and recommended conservative therapy and use of a Dynasplint. Plaintiff later underwent surgery by another physician but continued to experience lasting limitations to the EPL tendon, including loss of function and inability to work.

Plaintiff alleged that our client failed to order diagnostic tests in a timely manner and delayed surgical repair, which he claimed caused his permanent loss of thumb function. After a strong oral argument given by Lauren, Justice Arthur Engoron of New York County Supreme Court issued a decision granting summary judgment and dismissing the claims against our client and two other co-defendants.

The court agreed with our arguments that our client’s care was consistent with accepted medical standards and that there was no proximate cause to plaintiff’s injuries. We also successfully argued that plaintiff’s expert was not properly qualified in orthopedic hand surgery, rendering his opinions on our client’s treatment unreliable. The court agreed.