Professional Liability Team Obtains Dismissal of Malpractice Action
Fulcher Hagler LLP partner Jim Purcell and associate Kyle Perry recently obtained the complete dismissal of a wrongful death action filed against a local physician.
Plaintiff initially filed a claim against the physician and a local hospital alleging medical malpractice, wrongful death, and pain & suffering following the death of her spouse. After the defense successfully defeated these claims by highlighting Plaintiff’s lack of expert support for her malpractice claims, Plaintiff attempted to re-file her suit under theories of battery and intentional infliction of emotional distress. Working with counsel for the hospital, Fulcher Hagler attorneys filed a Motion for Judgment on the Pleadings, contending that such claims were encompassed by Plaintiff’s previously dismissed action and were time-barred. After a hearing upon the merits, the Court granted Defendants’ Motion in full and the case was dismissed with prejudice.
Although defense verdicts after years of litigation and a lengthy trial generate much acclaim—and for good reason—this result demonstrates the value in thoroughly attacking specious complaints in the early stages wherever possible. Defense counsel successfully obtained a total dismissal of what could have been an expensive claim to litigate without subjecting their client to the rigors of extensive discovery, deposition, or a trial that would have disrupted his professional practice.