In the Medical Malpractice arena, Plaintiffs routinely face an uphill battle. From inception, the defendants always seek to limit our claims, and create defenses in hope of proving that the conduct of the doctor/hospital/staff was within the accepted Standard of Care. When all discovery is complete, we find that defendants and their counsel are making Summary Judgment motions. A motion for Summary Judgment is a motion before a trial that is made before the assigned Judge. The defendant submits legal papers and expert affidavits stating that based upon all the evidence the Court should dismiss the case as Plaintiff can not prove that the case has meritorious arguments and should go before the jury.
The Plaintiff’s bar face these motions more and more frequently. We vigorously oppose these motions with our own experts and affidavits.
This past month, the Medical Malpractice Unit at Leav & Steinberg, LLP was successful in defeating two motions for Summary Judgment on significant cases.