CG&P recently won an appellate victory in an action for medical malpractice and lack of informed consent. The plaintiff underwent an abdominal hysterectomy and four days later called CG&P’s client, a nurse practitioner, complaining of pain and asking that her pain medication be renewed. CG&P’s client wrote the prescription. The plaintiff sustained an abdominal burn near the surgical site and began running a fever over the next week. Plaintiff was subsequently diagnosed with a severe internal infection and tissue necrosis requiring a 22-day hospitalization during which she underwent three surgical debridement procedures. The plaintiff claimed that CG&P’s client deviated from good and accepted nursing practice by failing to force the plaintiff to come into be examined before filling her pain medication prescription and in failing to make a note in the chart about the telephone call. The trial judge in Kings County (Brooklyn) initially granted the nurse practitioner’s motion for summary judgment, but later reversed the decision after re-argument. On appeal, CG&P argued that its client did not depart from the standard of care and that, in any event, the alleged departure did not proximately cause the plaintiff’s injuries. The Appellate Division, Second Department, agreed with CG&P’s causation argument, finding that, although a question of fact existed as to deviation, proximate cause could not be established. The Appellate Division reversed the lower court, granted summary judgment to CG&P’s client and dismissed the complaint. The case was handled by CG&P Partner Karen Corbett.