KWMC Obtains Summary judgment on behalf of client Vascular Surgeon

KWMC senior associate, Jonathan Janofsky, was successful in a motion for summary judgment in a medical malpractice case venued in Queens Supreme.  Plaintiff claimed that the defendant, a vascular surgeon, failed to timely perform an endarterectomy to prevent a further stroke in a patient who presented to the emergency room with symptoms of a stroke.  We argued that the plaintiff was not a vascular surgery candidate at the time of presentation, due to suffering from an acute stroke.  Judge Tracy Catapano-Fox, in an Order dated December 12, 2025, found that the defendant satisfied his burden by providing expert opinions refuting plaintiff’s essential allegations of malpractice and proximate cause.  In opposition, plaintiff argued that, as a vascular surgery consult, the defendant should have recommended treatment with dual antiplatelet therapy.  The Court found that, as a consulting vascular surgeon, it was not the defendant’s role or duty to recommend dual antiplatelet therapy.  Further, plaintiff failed to articulate the standard of care applicable for a vascular surgery consult and how a single consultation proximately caused plaintiff’s injuries.  As a result, plaintiff failed to properly rebut defendant’s showing of entitlement to summary judgment, warranting dismissal of the case in its entirety.