Attorney Elizabeth Midgley successfully obtained pre-discovery dismissal

In May 2015, attorney Elizabeth Midgley successfully obtained pre-discovery dismissal of a medical malpractice action on behalf of a hospital.  Ms. Midgley moved to dismiss the plaintiff’s complaint for failure to file within the appropriate medical malpractice statute of limitations.  Plaintiff opposed, claiming that the action was one for general negligence, not for medical malpractice, and that a longer statute of limitations applied.  The Court agreed with Ms. Midgley, finding that that the action should have been filed as one for medical malpractice, and dismissed the plaintiff’s complaint in its entirety.

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