FKB's Kathryn C. Collins obtains dismissal of action at trial in Orange County Supreme Court in a medical malpractice action against a podiatrist. 7/11/2011

FKB's client, a podiatrist based in Rockland County, was sued by the plaintiff who was treated at a local hospital after being involved in a motor vehicle accident. The plaintiff was diagnosed with a left hip basicervical and subtrochanteric femur fracture as well as a right foot calcaneus fracture and talonavicular dislocation. She was seen by an orthopedic surgeon, for management of her left hip fractures and FKB's client for management of her right foot fractures. After a thorough evaluation, it was decided by both doctors that the plaintiff would undergo an open reduction internal fixation (ORIF) surgery for her left hip fractures and her right foot fractures would be treated by a closed reduction. Specifically, plaintiff alleged that FKB's client should not have performed a closed reduction, that an ORIF should have been performed and that the podiatrist should have consulted with a specialist regarding the closed reduction procedure.

At trial, FKB's client was represented by Kathryn C. Collins. Ms. Collins argued that plaintiff failed to meet their burden in establishing departures on behalf of her client. She further argued that there was no admissible evidence that could be construed to support a theory of negligence against her client doctor and that as a result there was no basis to keep her client in the case.

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