Posted in on October 20, 2019
Teri Scotto-Lavino was successful in obtaining summary judgment for a pediatrician in a Supreme Court action claiming that the doctor misdiagnosed a form of bone cancer, known as Ewing’s Sarcoma. The plaintiff was initially seen by the doctor at a walk-in clinic. The clinic continued to use the doctor’s name in its addressograph during subsequent visits, although the client was on maternity leave and did not see the patient or view test results.
The Court granted Teri’s motion, agreeing that a physician cannot be responsible for patients once they no longer examine and treat patients in that office. Further, the court held that the doctor would not be required to review test results and coordinate care while on maternity leave.