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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.