Saint Lawrence County Supreme Court Dismisses Medical Malpractice Case on Summary Judgment

Aaron M. Schiffrik, Esq., successfully briefed a motion for summary judgment and secured dismissal of the action in Saint Lawrence County Supreme Court.  As against the defendant attending anesthesiologist, plaintiff alleged negligent use and placement of an orogastric tube, as well as a failure to properly communicate with the attending surgeon, during a gastric bypass procedure.  Mr. Schiffrik argued that the defendant anesthesiologist could not be liable as a matter of law because he was not exercising independent medical judgment by using and placing the orogastric tube.  Instead, Mr. Schiffrik successfully argued that the defendant anesthesiologist was following the direction and control of the attending surgeon, and was merely assisting with a limited surgical aspect of the procedure by using and placing the orogastric tube.  Judge Demarest determined that plaintiff’s expert affidavit offered in opposition to the motion failed to create a genuine issue of material fact.  He, therefore, granted defendant’s motion and dismissed the case.

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