After her toe was amputated due to a gangrenous condition, LC sued her podiatrist, Dr. MB, for malpractice, alleging that the latter’s treatment for an ingrown toenail led to complications, which ultimately resulted in the toe loss.
After the Westchester County Supreme Court denied the doctor’s pre-trial request (made via motion for summary judgment) for a determination in her favor, an appeal ensued.
And on its review of the record, the Appellate Division, Second Department, agreed that there were unresolved issues about whether the podiatrist’s treatment met medically accepted standards or exacerbated the patient’s injuries. As a result, the lower court’s determination was affirmed, and the case will continue to be litigated.
Did they toe the line there?
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DECISION