Cases - Claims in Excess of $1M Dismissed for General Surgeon

Claims in Excess of $1M Dismissed for General Surgeon

Resolution Date
02/27/2012

Practice Areas
Health Care Litigation
Malpractice Defense

Description

Dan McGrew defended a general surgeon who provided care and treatment to an incarcerated gentleman complaining of right lower quadrant pain. The patient was diagnosed with an appendicitis and taken to the OR for an appendectomy. Following surgery, the patient was discharged from the hospital in stable condition and returned to his incarceration. Thereafter, the patient developed complications which he contended led to the development of a heart condition requiring a pacemaker. Plaintiff contended that as a result, he was rendered disabled and unable to work. He sought damages in excess of $1,000,000. In his Complaint, the Plaintiff alleged that the surgeon was negligent in discharging the patient from the hospital too early and allowing him to resume his prior activities. The Plaintiff filed suit more than two years after the anniversary date of the appendectomy and without the requisite medical malpractice affidavit. In addition to the medical malpractice claim, the Plaintiff pursued a claim for a constitutional violation under Section 1983. McGrew and Ruder filed a Motion to Dismiss arguing that the statute of limitations expired prior to Plaintiff’s filing, that the Plaintiff’s claims were further barred by failing to file an expert affidavit, and that the section 1983 claims were barred due to Plaintiff’s failure to plead sufficient facts necessary to support such a claim. The Trial Court granted the surgeon’s Motion to Dismiss and the Plaintiff did not pursue an appeal.

Attorneys Involved

CCS Office
Atlanta