FKB’s Andrew Tobman obtains a voluntary dismissal with prejudice in a case alleging a failure to diagnose a distal radius fracture. The dismissal was achieved prior to producing the defendant (a spine surgeon) for a deposition. Andrew’s strategy was to file for summary judgment and include inconsistent testimony obtained while deposing the plaintiff; as well as testimony from a non-party subsequent provider (a hand surgeon) who was subpoenaed by Andrew and testified that the pathology was not a fracture at all; and instead was an overuse syndrome called De Quervain’s tenosynovitis. Filing for summary judgment prior to a defendant’s deposition was an aggressive strategy that led to this favorable outcome.
If you have any questions about this decision, or the defense of medical providers in general, please contact Andrew Tobman.