The Supreme Court of Idaho reversed a medical malpractice case in favor of the plaintiff. The defendant is a nursing home that specializes in long-term rehabilitation care. The plaintiff’s mother was a resident of the nursing home for five years. Apparently, during her stay there, the plaintiff’s mother had a fall. Subsequently, emergency room physicians administered medication that caused the plaintiff’s mother to have extreme side effects, including nausea, vomiting, and other issues. She was placed in the “comfort care” unit of the nursing home, and unfortunately she died shortly thereafter.
The plaintiff filed a complaint against the nursing home, claiming that it knew of his mother’s fall risk and that it did not provide adequate support to prevent the fall. The company moved to dismiss the case, claiming that the plaintiff did not prove that it acted below the appropriate standard of care.
The nursing home provided an affidavit from the nursing care director that it did follow appropriate protocols, and as a result the plaintiff also provided affidavits from two experts stating that the nursing home did indeed fall below the standard of care. The Court initially ruled in favor of the defendants, but the Supreme Court of Idaho found that the affidavits provided by the plaintiff were reliable and should have been admitted because they go to genuine issues of material fact.
Summary Judgment in Florida
It is important in personal injury and wrongful death cases that your case makes it past the initial defenses that the defendant may put forth. A motion for summary judgment, as discussed in the case above, is when a judgment is entered by the court without a full trial. Either party can move for summary judgment.
Many times, a defendant will move for summary judgment by showing the judge that there are no “material questions of fact. ” The defendant can do this by entering sworn statements and other evidence. This is done to persuade the judge that a trial is not needed and that a judgment should be made in the defendant’s favor. This is a common defense tactic because it is a way to dismiss the suit before it has ever been heard. This saves the defendant time, money, and the significant burden of a trial.
Attorneys Are Crucial to Surviving Summary Judgment
For these types of cases, the defendant almost always retains an attorney, and even if your case is strong, defense attorneys have the ability and skill to sway judges and juries in their favor. To increase your chances of success, it is important that your case is properly investigated and prepared to be presented to a judge or jury. Litigation can be complicated, and it is important to have an experienced and dedicated attorney by your side. If you or a loved one has a personal injury claim, you should contact one of our diligent and dedicated attorneys today at 352-387-8700 to set up a free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Tampa City Truck Driver Kills Toddler in Accident, Ocala Injury Lawyers Blog, published September 12, 2014.