KWMC Wins Appeal, Dismissing Medical Malpractice Action

KWMC partner, Argie Drakos, was successful on appeal before the Appellate Division, Second Department, which reversed a Kings County Supreme Court decision, denying summary judgment as to our client hospitalist. The plaintiff alleged a delay in the diagnosis of a perforated colon during a 3-day hospital admission wherein our client was plaintiff’s attending physician.  The plaintiff was diagnosed with a perforated colon three weeks after the admission at issue. The Appellate Division held that a prima facie showing of entitlement to summary judgment was made on behalf of our client and, in opposition, plaintiff’s expert’s conclusory and speculative assertions that the defendant departed from the standard of care in failing to perform an exploratory laparotomy or laparoscopy were insufficient to rebut that prima facie showing.  Per the order of the Appellate Division, dated April 29, 2026, this case was dismissed in its entirety as to our client.