Robinett obtains case dismissal
In August 2020, a Mississippi Federal Court judge dismissed a medical malpractice case against a physician represented by HAT attorney Claire Robinett. The case alleged negligence in the prescription of two contraindicated medications, which the plaintiff claimed led to the patient’s death.
Robinett defended the lawsuit based on the grounds that the physician had not been properly served pursuant to the requirements of Mississippi Code § 11-1-36(15); and even if service was proper, the physician did not breach the subject standard of care. Robinett moved for the physician’s dismissal and argued that the lawsuit was not lawfully filed because the plaintiff failed to establish jurisdiction; failed to provide sufficient process and service of process; and failed to state a claim upon which relief can be granted.
The physician’s initial motion for dismissal was denied, allowing the plaintiff a limited discovery period to determine whether he properly served the physician. However, because the plaintiff did not timely complete such discovery, a renewed motion was filed on behalf of the physician. In his order, Judge Henry Wingate found that the plaintiff had acted dilatory in his prosecution of the case, as evidenced by his late reply in opposition to the renewed motion for dismissal. The Mississippi Federal Court further found that the physician’s affidavit supporting his motion to dismiss was unopposed and granted the motion to dismiss the physician from the case.
To read the full opinion, click here.