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Archive for the ‘ Malpractice’ Category

Dental Malpractice Case Dismissed

Monday, December 1st, 2008

Recently, the firm was successful in obtaining a dismissal of a dental malpractice case. In that case, the plaintiff claimed that she received dental implants that were placed too close to a nerve, causing permanent injuries. In the course of discovery, we determined that plaintiff’s action was untimely filed. Consequently, plaintiff attempted to overcome that issue by amending the complaint to include allegations of intentional concealment and fraud. Specifically, plaintiff alleged that our clients, the dental school and the dentists, committed fraud when they repeatedly assured her that the subsequent pain and discomfort were normal and would heal on its own. We successfully opposed plaintiff’s attempt to amend the complaint. Subsequently, we filed a motion for summary judgment on the ground that plaintiff ’s action was untimely filed and barred by the statute of limitations. Plaintiff agreed to dismiss her lawsuit prior to filing an opposition to our motion.

Posted in Case Dismissal, General Liability, Malpractice, Summary Judgment |

Professional Malpractice Case Dismissed

Wednesday, April 16th, 2008

Plaintiff alleged that defendants committed malpractice when the defendants allegedly dispensed the wrong medication. Plaintiffs asserted causes of action for strict liability, negligence, breach of warranty, negligent infliction of emotional distress, and negligent supervision. Our demurrer was sustained without leave to amend on the strict liability claim. We moved for summary judgment on the rest of plaintiffs’ claims, arguing that her action was barred by the statute of limitations. In lieu of filing her opposition, plaintiff filed a dismissal of the case.

Posted in Case Dismissal, General Liability, Malpractice |


Hurrell Cantrall LLP
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Tel (213) 426-2000  •  Fax (213) 426-2020

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