Member Stuart T. O’Neal and Associate Anne P. Schmidt of the Healthcare and Long-Term Care Group secured a dismissal with prejudice for a hospital client in a medical malpractice action where a party representing the deceased patient alleged the administration of various drugs and drug combinations causing prolongation of the QTc interval, QT prolongation in the EKG and sudden cardiac death.
Burns White successfully entered a judgment of non pros for failure to file timely certificates of merit and later filed a motion to strike the plaintiff’s certificate of merit and dismiss his complaint with prejudice on the basis that it was not certified by the appropriately licensed professional qualified to offer opinions critical of the hospital’s agents and employees. The court agreed, granting Burns White’s motion.
Note: The results obtained in a particular case are, of course, always heavily dependent on the facts and the law specific to that case.