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Summary Judgment in Favor of Gastroenterologist in United States District Court

May 1, 2018

Lee Weatherly was successful in obtaining summary judgment in United States District Court for the District of South Carolina for an Aiken gastroenterologist and his group in a wrongful death, medical malpractice case. The Plaintiff alleged that the gastroenterologist’s failure to place a stent in the deceased’s pancreatic duct during an endoscopic retrograde cholangio-pancreatography (ERCP) procedure was a breach of the standard of care, causing her to suffer from severe pancreatitis, and later causing her death.  Although Lee presented significant expert testimony to dispute the allegation that a stent was required by the standard of care in this case, he conceded that an issue of fact existed on that issue.  However, he was able to prove through expert and treating physician testimony that the deceased’s death was not related in any way to pancreatitis or the gastroenterologist’s decision not to place a stent in her pancreatic duct during the procedure.  As Plaintiff failed to present any evidence to support the allegation that the physician’s alleged negligence was the cause of his daughter’s death, the Court dismissed the action against the gastroenterologist and his group as a matter of law. For more information on the case, contact Lee at

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.