Feb 26th, 2024

Tracy S. Katz Obtains Summary Judgment And Dismissal Of Plaintiff’s Medical Malpractice Action

Tracy S. Katz obtains summary judgment and dismissal of plaintiff’s medical malpractice action against FKB’s client, a cardiologist, in a case alleging the cardiologist failed to prevent decedent’s heart attack and wrongful death.

This action involved allegations that defendants were negligent in failing to diagnose and treat decedent’s cardiac and/or arterial diseases thereby causing him to suffer a heart attack and death.  FKB’s client was the patient’s treating cardiologist and was managing the patient’s blood pressure with medication.  The decedent died of a sudden heart attack.  Tracy S. Katz moved for summary judgment with an expert affirmation by a cardiologist, who opined that FKB’s client’s management of this patient’s hypertension with Lisinopril was entirely appropriate and that the standard of care did not require that the patient be on a beta blocker.  The expert also opined that FKB’s client’s care and treatment was not the proximate cause of decedent’s death.