Recent Results

Gordon & Silber Obtains Summary Judgment on Behalf of Anesthesiologists and Hospital in Claim of Negligent Intubation

June 11, 2018

Ms. Papacoastas represented a board certified anesthesiologist, a cardiac anesthesiology fellow and the hospital in a claim of negligence in intubating the plaintiff that allegedly resulted in serious tongue lacerations.  She moved for Summary Judgment on behalf of all defendants supported by an expert affirmation of a renowned board-certified otolaryngologist arguing that the medical records and deposition testimony were devoid of evidence that the alleged injury occurred during intubation, or indeed anytime during the operative and immediate post-operative period. Our expert noted that such an injury was extremely unlikely to occur during intubation, andif it had, there would have been significant bleeding, which was not documented anywhere in the medical records.

Plaintiff’s opposition argued that our expert was not qualified to opine in this matter and further he relied upon a chart note of unknown origin with a vague reference to a laceration injury “thought to be” caused by intubation.

The Court found plaintiff’s argument unavailing and issued an Order granting our motion and dismissing plaintiff’s complaint. The decision specifically identified plaintiff’s evidence as hearsay and further held that our expert had clearly established he possessed the requisite skill, training, education, knowledge and experience to render an opinion on the central issues in this case.