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Summary Judgment Granted in Wrongful Death Case

Ms. Halford successfully obtained summary judgment for a dermatologist who was alleged to have negligently failed to diagnose and treat a MRSA infection in the decedent prior to an elective valve replacement surgery. Plaintiff claimed that the undiagnosed infection complicated the patient's post-operative course, leading ultimately to a ruptured aortic dissection and the patient's wrongful death. Ms. Halford argued that the decedent's pre-operative skin complaints were consistent with eczematous dermatitis, for which the decedent was appropriately treated, and were in no matter suggestive of an infectious process. The Court accepted the defense's position and concluded that the plaintiff had failed to raise in opposition a triable issue of fact.

Categories: Motion Practice
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