KWMC Obtains Dismissal On Behalf of Physician Client

KWMC Partner, Stephanie Johnston, was successful in a motion to dismiss, pursuant to CPLR 3211 (a)(5), and for summary judgment, pursuant to CPLR 3212, which resulted in the dismissal of the plaintiff’s Complaint in its entirety.  The plaintiff claimed that the defendant otolaryngologist improperly performed a septoplasty and turbinoplasty, resulting in a saddle nose deformity. In order to rectify the failure to timely commence the action, the plaintiff alleged that the continuous treatment doctrine applied.  The Hon. Denise Sher, in an order dated October 29, 2024, found that the continuous treatment doctrine did not apply and, therefore, dismissed all claims as time-barred, pursuant to CPLR 3211(a)(5).  Judge Sher, additionally, granted that branch of the motion, pursuant to CPLR 3212, to dismiss the medical malpractice claims, as the court found that defendant met its burden, while plaintiff’s expert affirmation was insufficient to create a triable issue of fact.