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Ellen Fischer secures dismissal of medical malpractice and wrongful death complaint against Orange County internist

wrongful death


Ellen Fischer successfully moved for summary judgment and obtained the dismissal of a complaint alleging medical malpractice and wrongful death against an Orange County internist. The plaintiff alleged that the decedent, an elderly female nursing home patient, had increased vomiting and constipation which was not properly addressed by our client. The defense argued that the medical records and testimony did not reflect that the internist was advised of any alleged increase in symptoms. The defense also submitted an affirmation of a medical expert attesting that the care and treatment provided by the internist was within the standard of care, and did not cause any delay in the diagnosis of the patient’s small bowel obstruction. The plaintiff submitted an expert’s opinion, which the Court held was insufficient to overcome the showing by the defense. The action will continue against the codefendant nursing home, who moved unsuccessfully for dismissal.

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