Discontinuance in Nursing Home Case

Discontinuance in Nursing Home Case

Senior Trial Partners Charles S. Schechter and Karen B. Corbett, assisted by Associate Michelle N. Martinez, obtained a discontinuance on behalf of MCB’s client doctor. This wrongful death action involved allegations of nursing home negligence, medical malpractice, informed consent, and negligent hiring. Our client was the physician at co-defendant nursing home, in October of 2018.  The hospital and the nursing home were named as co-defendants. Plaintiff claimed that all defendants failed to implement appropriate interventions to prevent the development of skin breakdown and accurately diagnose the decedent’s condition, resulting in the development of multiple pressure ulcers, which became infected and resulted in the decedent’s death.

Throughout the pendency of this case, we repeatedly requested that plaintiff's counsel discontinue the claims against our doctor, but they continuously refused.  At the conclusion of discovery we moved for summary judgment on behalf of our client.  After adjourning our motion several times, plaintiff finally agreed to discontinue all claims against our doctor, as they were unable to oppose our motion.