Bonezzi Switzer Polito & Hupp Co. L.P.A.
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Getting a medical malpractice lawsuit dismissed

When a medical malpractice claim is particularly weak or unsupported by the evidence, it may not be necessary for your hospital or medical practice to settle or take the case to trial. Instead, your attorney can move to get the case dismissed.

Defense attorneys often file a Motion to dismiss early in the litigation. If the judge grants the motion and dismisses all or part of the claim, the defendant saves time and money that would have gone into litigating a dubious claim.

Among the most common bases for a motion to dismiss are:

  • Failure to state a claim upon which relief may be granted. In other words, the plaintiff’s claim does not establish any legal claim against the defendant, such as when the defendant had no legal duty to protect the plaintiff.
  • Procedural reasons. Perhaps the court the plaintiff filed the suit in lacks jurisdiction over the case, or the plaintiff failed to properly serve notice to the defendant.

If the defendant and plaintiff do not dispute any of the key facts of the case, one or the other may ask the court for summary judgment. This means that there is no need for a trial to determine the facts, and that the evidence compels a ruling in the asking party’s favor. Similarly to a motion to dismiss, a successful motion for summary judgment can greatly shorten the litigation process and allow the defendant to walk away without having to pay a settlement or verdict.

Whether your particular case is likely to be resolved with a dismissal or summary judgment depends on the evidence. Even if it must go to the settlement table or trial, your best chances are with an experienced personal injury defense attorney.

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