FKB’S Hillary C. Agins successfully obtained summary judgment and dismissal of plaintiff’s medical malpractice action against a New York City Hospital, as well as a pediatrician.

This action involved an alleged failure to timely diagnose and treat a rare congenital heart anomaly, anomalous left coronary artery from the pulmonary artery (ALCAPA), in a 5-month-old infant, leading to irreversible heart damage and the need for a heart transplant. 

FKB successfully argued that the FKB defendants did not deviate from the accepted standards of care during the infant’s various pediatric examinations and hospital admissions; there were no signs or symptoms of the heart abnormality, that all routine newborn heart examinations were normal, and that the anomaly was such that a transplant would have been required regardless of the timing of the diagnosis.

If you have any questions about this decision, or the defense of medical malpractice actions in general, please contact Hillary C. Agins.