SUMMARY JUDGMENT FOR PHYSICAL THERAPY FACILITY

Kenneth W. Loock

Attorney, Kenneth W. Loock, successfully obtained summary judgment in favor of our client, dismissing the action. Plaintiff alleged that the co-defendant orthopedist and orthopedic facility obtained an MRI of the wrong knee and thereby failed to diagnose plaintiff’s alleged right quadricep tendon tear/rupture. Thereafter, plaintiff was referred to our client for physical therapy. Plaintiff alleged that our client should have rendered their own diagnosis of plaintiff’s symptomatic knee and halted physical therapy when there allegedly was no significant improvement over the course of treatment, allegedly preventing further damage. 

The Court determined that we established a prima facie entitlement to summary judgment as plaintiff failed to raise a triable issue of fact in dispute. Further, the Court concluded that plaintiff’s expert affirmation failed to articulate how he was familiar with the applicable standard of care in that plaintiff’s expert presented no evidence as to his relevant education, training and experience.