Attorney Jessica A. Rounds moved the court to dismiss a 20M case involving a local municipality in an alleged medical malpractice action. Plaintiff sought recovery for significant injuries but failed to establish a deviation from good and accepted medical practices, failed to establish a deviation from internal policies and procedures of the municipality and ultimately failed to retain an expert. Attorney Rounds made a motion for summary judgment citing the numerous deficiencies with plaintiff’s action including the lack of a certificate of merit, the failure of plaintiff’s counsel to engage in any meaningful discovery and/or obtain an expert affidavit to support the conclusory allegations contained within plaintiff’s complaint. Plaintiff opposed without establishing a triable issue of fact and also cross moved on a brand new inapplicable theory of liability. The Court agreed that plaintiff failed to meet his burden, disregarded plaintiff’s new theory and ultimately dismissed plaintiff’s complaint granting Attorney Rounds’ motion in its entirety.
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