Cases - Case Against Urgent Care Physician’s Assistant Dismissed Without Payment

Case Against Urgent Care Physician’s Assistant Dismissed Without Payment

Resolution Date
08/20/2014

Practice Areas
Health Care Litigation
Malpractice Defense
Medical Device and Pharmaceutical

Description

Partners Gary Lovell and Lee Weatherly secured a dismissal for their client, an urgent care physician’s assistant, in Charleston, South Carolina medical malpractice case. The Plaintiff was the wife of a man who died of a subdural hematoma after falling and hitting his head in 2009. Plaintiff claimed that the physician’s assistant was negligent in her treatment of the man at a local urgent care center.  Although Plaintiff became unresponsive shortly after the physician’s assistant’s examination, Plaintiff claimed that the patient could have survived the subdural hematoma had he been sent via ambulance to the nearest Level 1 Trauma Center at the conclusion of the physician assistant’s examination.  Lee and Gary secured numerous experts to defend the physician’s assistant, both on causation and standard of care, and began preparing the case towards trial.  However, during discovery  it was uncovered that the Plaintiff’s neurology expert had a criminal background involving allegations of public indecency in the presence of children.  As this was Plaintiff’s only expert that could establish a causal link between the physician assistant’s alleged negligence and the cause of the man’s death, Plaintiff dismissed her case, without payment, rather than “expose” this expert to cross examination at trial.

Attorneys Involved
D. Gary Lovell, Jr.
Lee C. Weatherly

CCS Office
Atlanta
Charleston