FKB’s Andrew Tobman obtains a voluntary dismissal for podiatrist, and limits the defendant/group practice’s exposure to vicarious responsibility, only.  The matter is a malpractice case alleging that two podiatrist caused (through excision of a diabetic ulcer), and failed to timely diagnose and treat a right foot osteomyelitis.  Plaintiff developed sepsis and required multiple surgeries, including a total right foot reconstruction.  Andrew moved for summary judgment on behalf of one of the clinicians, and to dismiss any independent claims of negligence against the group.  Upon review by plaintiff’s expert of the attorney and expert affirmations prepared by Andrew, plaintiff’s counsel agreed to voluntarily dismiss the case against the podiatrist, and to limit the group’s potential liability.  This is a high exposure case, and a great outcome for the doctor and professional group as the suit progresses.    

If you have any questions, please contact Andrew Tobman.