In an action for medical malpractice against an orthopedic surgeon and an ambulatory surgery center, it was alleged that the defendants were negligent in performing a medial patellofemoral ligament (MPFL) reconstruction surgery which resulted in a patella fracture due to improper drilling and screw fixation. Gallardo Levin Reiter & Rogers moved for summary judgment on behalf of the ambulatory surgery center for dismissal of direct and vicarious liability claims against it. The Court found that Gallardo Levin Reiter & Rogers successfully demonstrated that the ambulatory surgery center provided appropriate medical equipment and support staff to perform the surgery resulting in dismissal of the direct claims of liability. The Court also found that Gallardo Levin Reiter & Rogers successfully demonstrated that the ambulatory surgery center did not employ or otherwise direct or control the manner in which the orthopedic surgeon was to perform surgery on private patients resulting in dismissal of vicarious liability claims on both actual agency and ostensible agency. The case was handled by Gallardo Levin Reiter & Rogers Partner Michele R. Levin and Associate Alex DiGiovanna.
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