Greg Mondelli and Anthony Chiofalo Obtain Summary Judgment on Behalf of Hospital in Medical Malpractice Action

Greg Mondelli and Anthony Chiofalo, working in conjunction, were successful upon a summary judgment motion which held that a major Nassau County Hospital did not deviate from accepted standards of care either through the acts of their employees or their credentialing procedures. Plaintiff’s private doctor was alleged to have improperly handled shoulder dystoccia during delivery, resulting in Erb’s Palsy to the infant. In addition to demonstrating the lack of negligence on the part of the hospital staff involved in the plaintiff mother and infant’s care, counsel for Lewis Johs were able to show that the hospital properly screened and credentialed the plaintiff’s private attending physician, overcoming the allegations in plaintiff’s expert affirmation. Plaintiff could not raise a triable issue of fact in response, resulting in the dismissal of the case against the hospital.


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