Justice O'Donoghue In Queens County Agrees Hospital and Electrophysiologist Met Standard of Care in Cardiac Management of Decedent and Grants Summary Judgment

In April 2019 Danielle Chin obtained an order of summary judgment in Supreme Court, Queens County on behalf of the defendant hospital and treating cardiologist/electrophysiologist in a matter alleging failure to diagnose and treat myocardial fibrosis resulting in the death of the then 42-year-old plaintiff. The motion consisted of both substantive and procedural elements; first, that the decedent did not evidence any signs of myocardial fibrosis and all treatment from an EPS perspective was within standard of care, and secondly, that the matter was filed after expiration of the statute of limitations both as to physician and hospital treatment. Justice Peter O’Donoghue agreed and granted summary judgment as to the defendant physician based on the failure of plaintiff’s expert to rebut the defense medical arguments and create a question of fact, and based on late commencement as to the hospital.