Anthony Chiofalo Obtains Summary Judgment on Behalf of Hospital

Anthony Chiofalo obtained summary judgment in a case brought against a Hospital facility, in Nassau County Supreme Court, by showing that the hospital staff did not deviate from accepted standards of care and that the hospital was not vicariously liable for the acts and omissions of the co-defendant private attending surgeon, who allegedly lacerated/punctured plaintiff-decedent’s liver  while performing minimally invasive mitral valve surgery. While the surgery at issue was undertaken at the defendant Hospital facility, it was conducted by the patient’s private attending physician, who, absent extenuating circumstances, bore responsibility for any negligence, as well as any acts by additional private attending physicians called in to assist or treat subsequent to the procedure. The motion made on behalf of the hospital made out a prima facie case for dismissal, which plaintiff could not oppose with any triable issues of fact.


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