Achievements & Results
Summary Judgment for an Urgent Care Facility in Charleston, SC
Partner Gary Lovell and Associate Lee Weatherly were successful in obtaining summary judgment in Charleston, South Carolina for a local urgent care facility in a wrongful death, medical malpractice case. The Plaintiff alleged that one of the facility’s physicians and his physician’s assistant were negligent by failing to send the patient to the hospital, or directly contacting her gastroenterologists, when she was seen for continuing abdominal pain and weight loss of over 125 pounds. The Plaintiff claimed that at the time of the visit the patient was suffering from chronic mesenteric ischemia, which resulted in her death only weeks after her visit to the urgent care facility. In their motion for summary judgment, and at the motion hearing, Lee argued that the Plaintiff’s expert could not state to the requisite degree of medical certainty that had the patient been admitted to the hospital, or her gastroenterologist been contacted, her death could have been avoided. Therefore, the urgent care facility was entitled to summary judgment on the element of proximate cause. The Judge found this argument persuasive and ruled that the Plaintiff had failed to bring forth any evidence of proximate cause and dismissed the case with prejudice.