FKB’s Andrew Tobman granted summary judgment in a case alleging failure to diagnose spinal osteomyelitis. Andrew successfully represented an internist and his professional group at oral arguments, seeking summary judgment. Judge Judith McMahon ruled in favor of the defendant and his primary care practice finding that the doctor was justified to rely on the recommendation of a non-party radiologist as to when to perform a follow-up MRI. Andrew argued contrary to plaintiff’s expert’s opinion that a blood test and bone scan was required – that there was an absence of clinical symptoms such as fever, increased pulse and no neurological symptoms, which would potentially trigger the need for those diagnostic tests. Andrew’s motion papers and oral argument highlighted the absence of proximate cause as a course of IV antibiotics ultimately eradicated the plaintiff’s infection, a treatment plan that would have been enacted even if the infection were diagnosed sooner.
If you have any questions, please contact Andrew Tobman.