Posted in on February 6, 2019
Lewis Johs attorney Jeffrey D. Hummel successfully obtained summary judgment in a negligence case alleging that our client, a general surgeon, failed to timely diagnose and treat a bowel obstruction, bowel perforation, and sepsis. The surgeon had previously performed a procedure on plaintiff to repair a ventral incisional hernia and resect a non-viable small bowel. When plaintiff presented to the same hospital three months later due to a bowel obstruction, the surgical resident called the surgeon as a matter of courtesy. The surgeon was not on call and he was not available to treat plaintiff that day. Although the resident documented “Pt plan d/w [surgeon],” Jeff argued that the surgeon had neither an express nor an implied physician-patient relationship with the plaintiff because the surgeon did not participate in the decision not to admit plaintiff or in the decision to ultimately transfer her to another hospital for surgery. The Queens County Supreme Court Judge agreed, granting summary judgment and dismissing plaintiff’s complaint in its entirety.