Two Malpractice Dismissals

In two recent cases, Lee Smart attorneys have won obtained summary judgment dismissals because the plaintiffs failed to support their malpractice claims with necessary expert testimony on the standard of care and causation.  In one case, John C. Versnel, III and Aaron P. Gilligan obtained summary judgment dismissal of Grondin v. DDS, dental malpractice claims in Clark County Superior Court.  Plaintiff alleged the dentist negligently administered local anesthesia during a tooth extraction, causing nerve damage, and that the dentist did not obtain informed consent prior to the procedure.  In the other case, Craig L. McIvor and Aaron Gilligan won summary judgment dismissal of The Estate of Hopfner v. South Correctional Entity (SCORE), in King County Superior Court.  The decedent was arrested and transferred to the SCORE jail facility, where he committed suicide.  The Plaintiff alleged SCORE was negligent by (1) failing to properly medically screen the decedent and place him on suicide watch, and (2) failing to provide the decedent with prescription anti-anxiety medicine.  In both cases, the Court dismissed the claims against our clients with prejudice because of the lack of expert testimony.

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