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CG&P OBTAINS SUMMARY JUDGMENT IN FAVOR OF ENDOSCOPY FACILITY

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CG&P OBTAINS SUMMARY JUDGMENT IN FAVOR OF ENDOSCOPY FACILITY

In an action for medical malpractice and wrongful death, it was alleged that the medical defendants were negligent in failing to timely diagnose and treat the decedent’s cytomegalovirus colitis which allowed decedent’s condition to worsen and result in his death at the age of 53. CG&P represented the endoscopy facility where colonoscopies were performed on the decedent by a gastroenterologist. CG&P moved for summary judgment to dismiss the plaintiff’s complaint on the grounds that there was no basis for direct liability or vicarious lability as the gastroenterologists who performed procedures were not employed by the endoscopy facility. The case was handled by CGP Partner Michele R. Levin and CGP Associate Alexandra Nieto.