Jun 15th, 2015

FKB’s Patrick J. Brennan wins summary judgment in a medical malpractice action alleging negligently performed preoperative clearance


Patrick J. Brennan won summary judgment in a medical malpractice action alleging negligently performed preoperative clearance.

FKB represented an internist, who treated the plaintiff for several months as a primary care physician. When the plaintiff was diagnosed with prostate cancer, he needed surgery, and went to the internist for preoperative clearance, which the internist gave. During the surgery, however, the plaintiff suffered a debilitating stroke. The plaintiff sued the internist claiming that he failed to detect a blocked carotid artery prior to clearing the plaintiff for surgery. After completing discovery, FKB moved for summary judgment, which the court granted. FKB proved that the internist acted within the standard of care when clearing the plaintiff for surgery. The court found that plaintiff had failed to prove that his outcome would have been any different had the blocked artery been detected prior to surgery. The court found that plaintiff’s vascular surgery expert based his opinion on hearsay, making the expert opinion inadmissible.