Appellate Division Reverses Supreme Court, Grants Summary Judgment to Lewis Johs’ Client

Lewis Johs counsel Robert Lifson was successful in the Appellate Division, Second Department, convincing the court to reverse a Supreme Court denial of summary judgment for Lewis Johs’ client.   The neurosurgeon client was called to review an MRI of the cervical spine and consult on a patient brought to the emergency room after rapidly deteriorating and becoming quadriplegic when emerging from an epidural injection.  The appellate court found that doctor properly discharged his duty in determining the patient was not a candidate for neurosurgical intervention.  The appellate court further rejected plaintiff’s argument that the client was duty bound to personally present to the hospital to examine the patient and ensure that the patient was being administered steroids.


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