Teri Scotto-Lavino Obtains Dismissal of Claims Against Two Physicians in Medical Malpractice Case

Teri Scotto-Lavino prevailed on a motion to dismiss plaintiff's complaint against two medical providers in a medical malpractice action.  This action was premised on allegations that the defendants misdiagnosed impending cauda equina syndrome and thereafter negligently performed spinal surgery, which, in turn, resulted in the need for subsequent surgery, all of which allegedly resulted in the plaintiff sustaining permanent neurological deficits.  Lewis Johs' clients were the general surgeon with respect to the initial spinal surgery and an orthopedist.  Ms. Scotto-Lavino moved to dismiss the claims against the surgeon on the grounds that the evidence submitted by the plaintiff was both speculative and conclusory.  With respect to the claims against the orthopedist, Ms. Scotto-Lavino argued that dismissal was warranted because our client did not participate in the care and treatment of the plaintiff.  The court granted the motion, resulting in the dismissal of the complaint and all claims against Lewis Johs' clients.


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