Recently, Frier Levitt Partner Michelle L. Greenberg, Esq., and Associate Nicole M. DeWitt, Esq. successfully defended a medical practice facing potential liability in a medical malpractice action based on a theory of successor liability.
The plaintiff argued that a physician’s new medical practice was liable for damages resulting from negligence which allegedly occurred several years prior at the physician’s former medical practice. Frier Levitt aggressively defended the new medical practice and filed a motion to dismiss the complaint pointing out the lack of facts and case law supporting plaintiff’s position for application of successor liability. The Judge denied the motion without prejudice to refile, and cautioned Plaintiff that the claims were questionable. Shortly after the motion was decided, Plaintiff agreed that it would not prevail on the theory of successor liability, and voluntarily dismissed its claims against the medical practice with prejudice. As a result of our knowledge of the law at issue, our understanding of healthcare matters, and our aggressive strategy in filing the motion, we saved our client a substantial amount of time and expense that would otherwise have been required to defend the lawsuit.
Frier Levitt regularly represents medical practices, physicians and healthcare entities in a variety of litigation and pre-litigation matters. Contact Frier Levitt to speak to an attorney today about all of your needs.
