The plaintiff, a registered nurse who underwent massive weight loss, sued her plastic surgeon, his professional corporation, a hospital, and a nurse after the nurse asked an allegedly inappropriate question during surgery while the plaintiff was awake.
The surgeon and his corporation moved for summary judgment to dismiss the action against them.
The court applied the Hryniak test and reviewed the plaintiff's own expert report, which established that the surgeon met the standard of care for preoperative, technical, and postoperative care.
The court found that the surgeon also met the subjective standard of care for intraoperative management and patient advocacy, as he did not perceive the question as derogatory or know the plaintiff felt insulted at the time.
Finding no genuine issue requiring a trial, the court granted the motion and dismissed the action against the surgeon and his corporation.
