Fullerton Beck partners Edward Guardaro and Dena Operman successfully defended a medical malpractice case, compelling the plaintiff to withdraw her case in its entirety.
The case was filed against Fullerton Beck’s client, a Brooklyn-based optometry and ophthalmology practice, in Kings County Supreme Court, which is a typically plaintiff-friendly venue. The plaintiff alleged that the practice was negligent in misdiagnosing headaches and vision issues, claiming it led to unnecessary suffering.
The practice was accused of failing to properly assess the plaintiff’s symptoms during a visit in late 2019 and improperly attributing them as an issue with a glasses prescription. After the plaintiff returned with complaints of worsening vision shortly thereafter, the practice promptly referred her to a hospital, where she was diagnosed with Idiopathic Intracranial Hypertension. Despite the claims, expert commentary from a neuro ophthalmologist and an ophthalmologist confirmed that the evaluations provided by the practice met the requisite standard of care and that reasonable medical judgment was exercised in their treatment of plaintiff. The experts also corroborated that the patient experienced no permanent injury.
Our team aggressively pursued an early resolution and filed a summary judgment motion with the court while simultaneously conferring with plaintiff in an effort to have counsel discontinue the action. Upon reviewing the motion and expert affirmations, the plaintiff’s counsel chose to discontinue the case with prejudice rather than oppose the motion, resulting in a favorable outcome for our client.
This case highlights our commitment to aggressive defense strategies and achieving swift resolutions for our clients.