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Doctor dismissed from malpractice suit for lack of involvement

Attorneys for medical malpractice plaintiffs often try to throw as much as they can against the wall to see what sticks. To this end, they will sue as many parties as they can, and accuse them of as many things as they can think of.

This often results in people having to defend themselves against a plaintiff whose injuries they had very little, if anything, to do with. Fortunately, when a defendant’s attorney can show that the plaintiff has no evidence against him or her, the attorney can usually get the charges dismissed -- even if the lawsuit continues against other defendants.

For example, a doctor who was one of several defendants to a malpractice suit has recently had the charges against him dismissed. Though the doctor owns the medical practice that treated the plaintiff, the court agreed with him that he should not personally be a party to the suit, according to PennRecord.com.

The plaintiff went to the clinic for treatment for bronchitis symptoms. Another physician treated her and sent her to a radiologist, who performed an X-ray and suggested a follow-up chest radiograph several weeks later. However, the doctor did not order the follow-up.

Months later, it was determined that the plaintiff’s cough was due to lung cancer, which had advanced to Stage III-B by the time it was diagnosed.

In his court filing asking for dismissal, the doctor argued that he did not personally treat the plaintiff and was not involved in her care. However, his practice is still listed as a defendant, so the doctor’s involvement in the case is likely not completely finished.

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