Opinion
10629 Index 21246/13E
12-19-2019
J.G., an Infant, by His Mother and Natural Guardian, Tanisha S., et al., Plaintiffs–Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant–Respondent.
Burns & Harris, New York (Jason Steinberg of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (D. Alan Rosinus, Jr. of counsel), for respondent.
Burns & Harris, New York (Jason Steinberg of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (D. Alan Rosinus, Jr. of counsel), for respondent.
Friedman, J.P., Webber, Gesmer, Kern, JJ.
Order, Supreme Court, Bronx County (George J. Silver, J.), entered June 6, 2018, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. The infant plaintiff alleged personal injuries resulting from defendant's negligence in delaying surgical intervention to treat compartment syndrome that developed after he sustained a gunshot wound to his right leg. Defendant met its prima facie burden of establishing the absence of a departure from good and accepted medical practice, or that any such departure was not a proximate cause of the patient's injuries, by submitting evidence that defendants timely commenced a fasciotomy, and that the infant plaintiff did not sustain permanent damage to the tissue and muscles of his right leg as the result of the timing of the surgery (see Anyie B. v. Bronx Lebanon Hosp., 128 A.D.3d 1, 3, 5 N.Y.S.3d 92 [1st Dept. 2015] ).
In opposition, plaintiffs failed to raise a triable issue of fact. Plaintiffs' expert misstated when the infant plaintiff was first diagnosed with compartment syndrome in asserting that there was a significant delay in commencing the fasciotomy, and stated only a conclusory opinion that the purported delay worsened the infant plaintiff's injuries from his gunshot wound (see Diaz v. New York Downtown Hosp., 99 N.Y.2d 542, 544, 754 N.Y.S.2d 195, 784 N.E.2d 68 [2002] ).