A Successful Summary Judgment Win in Kings County
This action involved claims of negligence in the then 68-year-old male decedent’s, with a significant cardiovascular history, care and treatment during his admission for a laparoscopic left radial nephrectomy. Prior to surgery, the decedent went into rapid atrial fibrillation and was transferred to the emergency department. After self-converting to a normal sinus rhythm and being once again cleared by cardiology, the decedent underwent the left nephrectomy. Perioperatively, the decedent was noted with some “ST changes” and was subsequently diagnosed with a STEMI, requiring an emergent cardiac catheterization. The remainder of the decedent’s admission was complicated from a cardiovascular perspective and almost a year later, the decedent passed away.
The plaintiffs alleged that the defendants failed to abort the nephrectomy when ST elevations were appreciated intraoperatively and permitted the decedent to suffer a perioperative STEMI resulting in the following injuries: perioperative myocardial infarction, cardiogenic shock leading to bowel ischemia necessitating surgical intervention; sepsis; intrabdominal abscess; enterocutaneous fistula; multiorgan failure and wrongful death. Following the completion of discovery, the defendants filed summary judgment arguing that not only was the urology and emergency medicine care and treatment in accordance with good practice but that it was not the proximate cause of the alleged injuries. The plaintiffs did not file opposition and ultimately, the defendants summary judgment motion was granted by the Court.
