Aug 20th, 2024

FKB’s Tracy S. Katz Obtains Summary Judgment on Behalf of a NYC Hospital


Tracy S. Katz successfully obtained summary judgment on behalf of a NYC Hospital in a case involving allegations that the defendants failed to properly diagnose and treat a patient’s foot infection, leading to a below the knee amputation.  FKB argued that the hospital appropriately rendered care and treatment from an infectious disease standpoint and that the podiatric care and treatment was determined by the co-defendant attending podiatrist.  Plaintiff’s counsel opposed the motion with two experts, a podiatrist and an infectious disease expert.  FKB successfully argued that despite submitting two expert affidavits in opposition, neither of plaintiff’s experts provided any specificity as to how the hospital infectious disease providers or clinical staff departed from the standard of care.   The Court dismissed all direct claims of negligence against FKB’s client.