Phillips Wins Summary Judgment Motion in Arbitration

On July 31, 2019, HAT attorney Michael Phillips was granted a motion of summary judgment through an arbitration process regarding a medical negligence case in Duplin County, North Carolina. 

The plaintiff claimed that the defendant, a nursing home facility, was responsible for the wrongful death of their father, specifically due to a fall leading to a surgical infection that the plaintiff claimed was not properly cared for. 

The plaintiff brought an expert medical professional to the arbitration. However, said professional could not give an opinion as to whetherthe resident’s demise was due to improper care or just general failing health. Therefore, plaintiff was unable to draw a direct connection between the plaintiff’s death and actions by the nursing home facility. 

The Defendants presented expert proof that the resident’s decline and death was the result of longstanding disease processes and not poor care as alleged in the complaint.  The summary judgment motion was granted and the claims of the plaintiff were dismissed. 

You can read the full judgment here.