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Motion Success in Ophthalmologic Malpractice Case


In a medical malpractice action litigated by director, John T. Maloney, Carter Conboy was successful in obtaining summary judgment on behalf of our client, an capital region ophthalmologist, in a lawsuit involving an alleged delayed diagnosis of acanthamoeba keratitis, a rare eye infection, which resulted in two corneal transplants and ultimate loss of vision in the right eye of a 41 year old plaintiff. The case was venued in Albany County Supreme Court.

Mr. Maloney moved the Court to grant summary judgment in favor of our client, dismissing the plaintiff’s Complaint and defendant’s cross-claims in their entirety, based on the evidence that our client’s care and treatment of the plaintiff was in full conformity with the accepted standards of care for an ophthalmologist. Mr. Maloney submitted an expert affidavit from a physician certified by the American Board of Opthalmology in support of his argument and refutting the plaintiff’s allegations. Both plaintiff and co-defendant’s counsel advised the Court that they would not oppose our Motion and, therefore, all claims against our client were dismissed by the Court.

John T. Maloney is a director and litigator at Carter Conboy. He concentrates his legal practice on the defense of medical malpractice and professional malpractice claims, product liability, and commercial litigation in State and Federal courts throughout New York. Mr. Maloney regularly represents physicians and other professionals before State Administrative agencies and licensing boards including the State of New York Department of Health Office of Professional Misconduct (OPMC). Mr. Maloney is a distinguished Fellow of the American College of Trial Lawyers and was named the 2014 “Lawyer of the Year” by Best Lawyers in America in the category of Product Liability defense, and a “Best Lawyer” in the areas of Medical Malpractice defense, Product Liability defense, and Professional Malpractice defense.

Carter Conboy is a Martindale-Hubbell AV® Preeminent™ peer rated full-service law firm committed to providing the highest quality legal representation to our clients.  Founded in 1920, Carter Conboy we have offices in Albany and Saratoga Springs, New York, and serve clients throughout New York, Massachusetts, New Jersey, and New Hampshire. For additional information about the firm, visit or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or