On December 11, 2015, Gary W. Patterson, Jr. secured a directed verdict at trial in New York County Supreme Court before the Honorable Joan Lobis. Mr. Patterson represented three physicians specializing in emergency medicine in the malpractice action concerning claims of a failure to timely diagnose and treat acute cholecystitis and sepsis. The plaintiff developed multi-organ failure, requiring an exploratory laparotomy, subsequent abscess drainage and a lengthy hospital stay. In support of the claims, plaintiff’s counsel called an expert, board certified in surgery, who opined that the defendants failed to timely arrive at the diagnosis and delayed in ordering necessary treatment, including antibiotic therapy.
At the close of plaintiff’s case, Mr. Patterson moved to dismiss the case on the grounds that plaintiff’s expert was unqualified to opine on the standard of care as applied to emergency medicine physicians. During cross examination of the expert, Mr. Patterson established that the doctor lacked the requisite expertise to give opinion testimony in the field of emergency medicine. After hearing oral arguments, Judge Lobis granted the defendants’ motion with prejudice. Mr. Patterson has now successfully tried cases in all five boroughs of New York City.
This was the third directed verdict of 2015 for VBP&P. Both John W. Barker and Jeffrey R. Nichols obtained directed verdicts earlier in the year. Mr. Patterson also obtained a defense verdict in Kings County over the summer.