Internist Wins Summary Judgment in Case Involving an Alleged Failure to Diagnose and Treat Type 2 Diabetes

Gerspach Sikoscow obtained summary judgment and dismissal on behalf of a primary care physician who was alleged to have negligently failed to diagnose and treat diabetes mellitus in an elderly patient. The plaintiff claimed that as a result of alleged malpractice, she was required to undergo an above-the-knee right leg amputation. Plaintiff alleged that the defendant physician failed to appreciate elevated hemoglobin A1C and blood glucose levels on her blood labs, which demonstrated that she was a "high-risk" diabetic; failed to refer her for endocrinology and vascular surgery consultations; and failed to counsel her with regard to necessary lifestyle changes. In the summary judgment motion, the defense argued that this patient was never definitively diagnosed with diabetes, and that plaintiff's expert was conflating discrete, isolated lab values with "diabetes," a diagnosis which requires serial blood work. The defense further noted that a definitive diagnosis could not be made due to the patient's noncompliance. Lastly, the defense noted that during the period of alleged negligence, the plaintiff had multiple hospitalizations during which she was seen by multiple endocrinologists—none of whom diagnosed her as being diabetic. After oral argument in Supreme Court, Kings County, the Court granted defendant's motion in its entirety, finding that plaintiff's expert affirmation was conclusory, failed to address key contentions raised in defendant's moving papers, and was insufficient to establish a triable issue of material fact.