Plaintiff's Failure to Follow Recommendations of Internist Results in Dismissal

In January 2019, in a 32-page decision, Justice Marber of Supreme Court, Nassau County granted summary judgment to our defendant neurologist in a matter involving claims of a failure to diagnose and timely treat syphilis/neurosyphilis, resulting in progression of seizure activity and altered mental status with associated dementia and cognitive changes. Jeffrey Schnaars successfully argued our neurologist met the standard of care as he ordered the appropriate studies, including testing for syphilis. The plaintiff’s failure to have the blood work drawn, inform other treating physicians of the prescription or return to our neurologist for treatment despite a post-visit follow-up call from our neurologist to insure he went for testing shifted all responsibility to the plaintiff, and absolved our neurologist of responsibility.