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Doug Smith and Claire Sumner Obtained Summary Judgment for Dialysis Provider in Medical Malpractice Case

February 28, 2017

Doug Smith and Claire Sumner obtained summary judgment in Gwinnett County in favor of a dialysis provider that provided home hemodialysis to a patient.  The Plaintiff in the case argued that her deceased mother received substandard dialysis care from the provider, among other defendants.  The Plaintiff also alleged claims of fraud, misrepresentation, breach of contract, unjust enrichment, failure to warn, breach of fiduciary duty, conversion, civil conspiracy, and punitive damages against the provider.  In a two-part hearing, Doug and Claire argued that Plaintiff’s expert had failed to establish proximate causation for the medical negligence claims and that the remaining claims lacked evidence of actual damages.  The Court agreed and granted the provider’s motion.

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