Wilson Elser Moskowitz Edelman & Dicker LLP
10/22/2021 | News release | Distributed by Public on 10/22/2021 16:34
Selmeci Upholds Trial Win by Grady and Semlies at Second Department
Selmeci Upholds Trial Win by Grady and Semlies at Second Department
October 22, 2021
Judy Selmeci (Partner-New York, NY) successfully defended in New York Supreme Court, Appellate Division the defense verdict obtained by White Plains partners Michael Grady and Lori Semlies. In the underlying matter, the plaintiff alleged that the hospital's radiology technician violated hospital protocols while administering intravenous contrast. Mike and Lori argued at trial that although the employee administered contrast at a different rate than the hospital's policy suggested, the technician abided by the guidelines of the American College of Radiology which reflect the standard of care; therefore there was no malpractice. Mike and Lori consulted with the Appellate team frequently during the contentious trial and built record that proved to be a solid foundation of research and arguments for the appeal. The Appellate Division held that the hospital's policy was merely "some evidence of negligence" and the jury could find, despite violation of the policy, as it did that the defendants did not depart from the standard of care.