Justice Frank Sedita III

During brain surgery on March 26, 2008 Kubera had a hemorrhage, and sued medical providers who treated him before the surgery in this medical malpractice action. Providers, including Kubera's primary care physician (PCP), moved for summary judgment. Kubera portrayed defendants as incompetent given his repeated declarations, and symptoms of stroke he claimed occurred March 11, 2008 and reported when he was seen at Medicor Associates March 14. He alleged defendants deviated from the standard of care, among other things. Treatment notes in a subsequent follow-up with the PCP were the first time any medical professional mentioned symptoms indicative of a stroke. The court found certain defendants' affirmations and affidavits meticulously detailed why the treatment rendered by each provider was appropriate and within the standard of care meeting their burden of establishing no deviation from applicable standards of care. In contrast, Kubera's expert's affidavit offered conclusory allegations, and a single theory, but failed to allege, or substantiate, same or what procedures or actions defendants' should have undertaken. Kubera failed to raise genuine issues of fact, granting defendants' summary judgment motions, dismissing the complaint against them.