MEDICAL MALPRACTICE- Kristen Petersen Hofer

We are pleased to announce that Kristen Petersen Hofer successfully obtained the dismissal of a medical malpractice complaint against our client, a Board-Certified Radiologist. The case involved allegations that the radiologist failed to diagnose a gastric leak following a bariatric surgery performed on a 30-year-old male. The plaintiff claimed that the defendant radiologist departed from accepted standards of care by failing to identify a perforation of the stomach on a CT scan of the abdomen, allegedly resulting in a perforated stomach, sepsis, and the need for surgical repair.

In support of her motion for summary judgment, Ms. Hofer submitted the Expert Affirmation of a Board-Certified Diagnostic Radiologist, who opined that our client’s interpretation and report of the CT scan were consistent with the applicable standard of care. The expert further concluded that our client’s interpretation was not causally related to the plaintiff’s alleged injuries.

In opposition, the plaintiff failed to present an expert qualified to comment on the care rendered by a diagnostic radiologist. Although the plaintiff’s expert offered certain criticisms, the expert would not set forth the opinion that our client departed from accepted standards of radiologic practice.

The Court held that Ms. Hofer had established a prima facie case demonstrating that our client did not deviate from the standard of care and that no act or omission by our client caused the plaintiff’s injuries. The Court further determined that the plaintiff failed to raise any triable issues of fact, as no competent expert evidence was submitted to rebut our showing. Accordingly, the Complaint was dismissed in its entirety.

This result highlights Ms. Hofer’s skillful advocacy and deep understanding of the complex medical and legal issues inherent in radiology-based malpractice claims.