Plaintiff's Expert Barred by Trial Court; Case dismissed with prejudice.
November 16, 2016
BCK Partners Mike Krause and Jeff Escher successfully obtained a dismissal with prejudice for their clients in a dental malpractice case alleging the failure to prescribe antibiotics and failure to refer to a specialist. Plaintiff claimed his eleven day hospitalization and subsequent surgical procedure were related to the defendant’s failure to timely prescribe antibiotics and failure to timely refer the patient to a specialist. Following denial of their Motion for Summary Judgment by the Motion Judge, the Trial Judge granted Defendants’ Motion to Bar Plaintiff’s standard of care expert from testifying to proximate cause. Faced with a motion for a directed verdict, Plaintiff took a dismissal, with prejudice.
Not Guilty; Defense also wins directed verdict on informed consent