Russell v. Subbiah

The defendant, Dr. Bakkiam Subbiah, was charged with negligence in his care of the plaintiff, Michael Russell, who at the age of two years suffered from what was ultimately determined to be a spinal cord tumor. The plaintiff alleged that Dr. Subbiah’s original misdiagnosis of his condition as Guillain-Barre Syndrome, and the resulting delay in rendering the proper treatment for the tumor, caused increased injury to the plaintiff’s right leg and prolonged his recovery period.

The trial court granted summary judgment for the defendant on the ground that the plaintiff’s evidence fell short of the…