Facts

Plaintiff Richelle Brent underwent a right dorsal wrist ganglion cyst excision performed by defendant George Walter Balfour, M.D., at defendant Quality Care Surgery Center. Brent filed against Quality Care Surgery Center and George Walter Balfour, M.D. for medical malpractice in connection to the right dorsal wrist ganglion cyst excision. Dr. Balfour moved for summary judgment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant Dr. Balfour committed medical malpractice because defendant's care and treatment fell below the standard of care which caused her damages and injuries. Plaintiff opposed summary judgment with the expert declaration of orthopedic surgeon Gregory Tennant, D.O., who opined that defendant failed to meet the applicable standard of care because defendant's technique in using a transverse incision resulted in either rupture due to excessive retraction or inadvertent surgical transection of the extensor pollicis longus tendon. Dr. Tennant further opined that defendant failed to properly oversee his physician assistant, which caused a delay in discovering plaintiff's injury.

DEFENDANT'S CONTENTIONS: Defendant Dr. Balfour denied all of the contentions and moved for summary judgment with the expert declaration of orthopedic hand surgeon Nicholas E. Rose, M.D., who opined that defendant complied with the standard of care at all times and no action or inaction on the part of defendant caused or substantially contributed to plaintiff's injuries. In reply to plaintiff's opposition, defendant objected to the admissibility of Dr. Tennant's declaration on the grounds that it lacks foundation and is impermissibly conclusory. Defendant contended Dr. Tennant's opinions lack evidentiary value since Dr. Tennant does not state what specific facts, and why those facts, convinced Dr. Tennant that defendant caused plaintiff's harm. Accordingly, defendant contended plaintiff fails to demonstrate with admissible evidence there is a triable issue of material fact on the issue of causation.

Result

Defendant George Walter Balfour, M.D.'s motion for summary judgment was granted.