Attention to detail: dismissal for radiologists based on statute of limitations and lack of affidavit of merit

September 22, 2017

Issue:

Client radiologists were sued by an injured plaintiff and added to a pre-existing lawsuit after the co-defendant surgeons testified they relied on the radiologists in providing the care at issue.  Plaintiff alleged that she had been injured as a result of chemotherapy being administered through a mal-positioned port into her right pleural space.

Approach:

We responded to Plaintiff’s claims against the radiologists by moving to dismiss those claims because Plaintiff did not attach an affidavit of merit as to the radiological care to the Amended Complaint.  We also moved to dismiss the claims on the basis that they were barred by the statute of limitations because Plaintiff’s claims against the radiologists accrued at the same time her claims against the other defendants accrued, and not when the co-defendant surgeons testified they relied on the radiologists.

Result:

The Court agreed with both arguments we presented in our motion to dismiss, and dismissed the claims against our clients with prejudice.

Related Attorney

 

Hosted on the FirmWisesm Platform