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KWMC Obtains summary Judgment on behalf of Client Infectious Disease Physician

KWMC senior associate, Jonathan Janofsky, was successful in a motion for summary judgment in a medical malpractice case…

KWMC senior associate, Jonathan Janofsky, was successful in a motion for summary judgment in a medical malpractice case venued in Nassau County.  Plaintiff claimed that the defendant, an infectious disease physician, failed to timely perform an infectious disease consultation, resulting in a decubitus sacral ulcer becoming infected and leading to plaintiff’s death.  Judge Felice Muraca, in an Order dated April 1, 2025, found that the defendant satisfied his burden by providing expert opinions refuting plaintiff’s essential allegations of malpractice and proximate cause.  The defendant established that he timely performed an infectious disease consultation on the same day he was notified of the consultation request, and none of his alleged acts or omissions caused plaintiff’s demise.  The Court found that plaintiff failed to properly rebut defendant’s showing of entitlement to summary judgment, warranting dismissal of the case in its entirety. 

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