SUMMARY JUDGMENT FOR ORTHOPEDIC SURGEON

Lloyd Cohen

Attorney Lloyd Cohen  successfully obtained summary judgment in favor of his client, a board certified orthopedic surgeon, dismissing the plaintiff’s action. The case involved allegations of a failure to timely diagnose and treat a tendon injury to the right thumb of a then 28 year old male, resulting in an alleged delay of diagnosis, formation of excessive scar tissue, and limitation of motion, weakness and loss of strength of the right thumb. The court held that plaintiff’s medical expert, board certified only in emergency medicine, failed to profess personal knowledge of the standard of care pertaining to orthopedic medicine and was therefore unqualified to offer an opinion. The court further held that plaintiff’s counsel failed to identify any act or omission by our client which would constitute a departure from the standard of care and failed to present any evidence establishing causation.