Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.
DBMS Successfully Obtains Summary Judgment in Favor of Chicago-Area Hospital and CNA
Hospital system and Certified Nursing AssistantOutcome:
DBMS obtained summary judgment in favor of a Hospital System and Certified Nursing Assistant in a medical negligence case where the plaintiff alleged that the hospital and its alleged agents, the CNA, an emergency medicine physician, and two neurologists, failed to timely diagnose and treat the plaintiff’s stroke.
DBMS filed a motion for partial summary judgment against plaintiff’s claims that the Hospital should be held liable for the actions of the independent emergency medicine physician and neurologists. The court granted DBMS’ motion for partial summary judgment and agreed with DBMS arguments that plaintiff failed to establish evidence rebutting the clear language of the Hospital’s consent forms, which indicated that the physicians providing care were independent contractors.
Later in the case, after completion of expert discovery, DBMS filed another motion for summary judgment against plaintiff’s claims of direct negligence against the hospital and its nursing staff. DBMS successfully obtained testimony from plaintiff’s controlled expert that plaintiff’s claims that the nursing staff failed to treat and prevent extension of the stroke were speculative. The court granted DBMS’ motion for summary judgment in favor of the hospital and its nursing staff, agreeing with DBMS’ argument that plaintiff failed to prove, via expert testimony, that the alleged actions or inaction by the nursing staff impacted the overall outcome for this stroke patient.