Second Department Affirms Summary Judgment for Defendants in Med Mal Action

In Ellis v. Eng, the Second Department affirmed orders granting summary judgment to the defendant doctors where the plaintiff claimed that the defendants failed to recommend that the decedent receive adjuvant therapy to treat cancer; failed to obtain the decedent's informed consent to forego such therapy; failed to refer the decedent to an oncologist for follow-up care; and failed to properly monitor the decedent for the recurrence of cancer.  The case touches on a number of topics including (1) the reliance on medical guidelines within the context of motions for summary judgment, (2) the proper function of a Frye hearing, (3) the requirement that the plaintiff have undergone some treatment, rather than forgone treatment, to assert a lack of informed consent claim; and (4) the duty of a referring physician.