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CG&P Secured Dismissal of Medical Malpractice Action Against Neurophysiologist

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CG&P Secured Dismissal of Medical Malpractice Action Against Neurophysiologist

CG&P secured the dismissal of a medical malpractice action by motion for summary judgment against a neurophysiologist. The plaintiff, age 60, developed a left foot drop following spinal surgery to repair her scoliosis. The neurophysiologist monitored the plaintiff’s spinal cord during the surgery. The plaintiff alleged that the neurophysiologist was negligent in his spinal cord monitoring, that he failed to appreciate the significance of the spinal cord monitoring, and that he failed to timely abort the surgery which would have avoided injury. The Court found that the neurophysiologist demonstrated, through records and sworn statements, that he acted within the standard of care in his spinal cord monitoring and that he did not have any authority to abort the procedure. The summary judgment decision was reported in the New York Law Journal, Decisions of Interest on September 29, 2011 and is accessible though dec.nylj.com/1202516991133. The case was handled by CG&P partner Michele R. Levin.