Yesterday, the Appellate Division, Second Department overruled a Kings County Supreme Court Justice who had dismissed a medical malpractice wrongful death claim against a cardiologist brought by the widow of a 52 year old handyman/laborer. The dismissal was based on a pre-trial motion for summary judgment despite what the appeals court found were conflicting expert affirmations submitted by both sides. The plaintiff's expert explained that an electrocardiogram taken by the decedent's primary care physician and reviewed by the cardiologist defendant on the same day "showed evidence of hyperacute T waves, which are indicative of an unstable angina" should have triggered emergent diagnostic testing. The appeals court found that plaintiff's expert opinions raised issues of fact on whether there was a failure to diagnose and treat coronary artery syndrome and whether such departures "were a cause of, and contributing factors to, the decedent's death. Fiszer v. Shuja Qadir, M.D., 2024 WL 350159