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June 2025 A recent wrongful death case in Supreme Court, Rockland County, New York shows the complexities of arguing medical malpractice cases, and the operation of a New York summary judgment motion, under Civil Procedure Law & Rules 3212 (NY CPLR).
In the instant case, plaintiff's contend that in 2015, defendants failed to diagnose decedent's lymphoma when treating a skin condition, and failed to refer him to necessary diagnostic tests and treatment. When the condition again appeared in January 2016, defendant sent biopsy sample to Weill-Cornell Medical Center. There, gamma delta T-cell lymphoma was diagnosed. Decedent passed away from this condition in October 2018.
Plaintiffs commenced this lawsuit to recover damages for medical malpractice and wrongful death. Defendants moved for summary judgment to dismiss the complaint based upon an affidavit of a physician specializing in dermatopathology, who noted that gamma delta T-cell lymphoma was extremely rare, with a prevalence rate of less than 1% of all T-cell lymphomas.
Plaintiffs argue that although decedent's death from the lymphoma was inevitable, the alleged medical malpractice could have hastened the decedent's death, which the court found to be speculative, since the condition at the time of diagnosis was "indolent," decedent living significantly longer than median survival period of 15 to 18 months. Defendants' motion for summary judgment dismissing complaint was granted by court. Read More - Supreme Court, N.Y. (SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department)
In the instant case, plaintiff's contend that in 2015, defendants failed to diagnose decedent's lymphoma when treating a skin condition, and failed to refer him to necessary diagnostic tests and treatment. When the condition again appeared in January 2016, defendant sent biopsy sample to Weill-Cornell Medical Center. There, gamma delta T-cell lymphoma was diagnosed. Decedent passed away from this condition in October 2018.
Plaintiffs commenced this lawsuit to recover damages for medical malpractice and wrongful death. Defendants moved for summary judgment to dismiss the complaint based upon an affidavit of a physician specializing in dermatopathology, who noted that gamma delta T-cell lymphoma was extremely rare, with a prevalence rate of less than 1% of all T-cell lymphomas.
Plaintiffs argue that although decedent's death from the lymphoma was inevitable, the alleged medical malpractice could have hastened the decedent's death, which the court found to be speculative, since the condition at the time of diagnosis was "indolent," decedent living significantly longer than median survival period of 15 to 18 months. Defendants' motion for summary judgment dismissing complaint was granted by court. Read More - Supreme Court, N.Y. (SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department)
