MichieHamlett Gets Malpractice Claim Reinstated After a Summary Judgement

MichieHamlett’s very own Kyle McNew got a medical malpractice claim reinstated after a local Circuit Court abused its discretion. It granted summary judgment in favor of defendants where the plaintiff failed to satisfy scheduling deadlines.

If you make a simple mistake, would your negligence claim get thrown out? In certain situations, it could. Keep reading to learn what happened in this case, why the en banc Court of Appeals of Virginia overturned this matter, and why it should be important to you.

Robert Thornhill Sued Commonwealth Eye Center for Medical Malpractice

Virginia resident Robert Thornhill sued Commonwealth Eye Center for medical malpractice in the Circuit Court of Culpeper County. The plaintiff alleged that Dr. D. Russell Brear failed to meet the applicable standard of care when performing his intraocular lens surgery to treat his eye condition. The court subsequently entered a Uniform Pretrial Scheduling Order (UPSO) requiring the parties to identify and file their list of exhibits and witnesses at least 15 days prior to trial.

While Thornhill timely mailed his proposed list to Commonwealth Eye, he failed to file his a copy with the court as directed, leading defendants to move for summary judgment. Their motion was granted and affirmed, short-circuiting Thornhill’s case. That is where MichieHamlett’s skilled attorneys stepped in.

The Defendant Attempts to Utilize the Safe Harbor Provision — and Failed

A safe harbor provision in medical malpractice is a legal protection that shields healthcare providers from liability and may provide immunity against negligence claims under certain circumstances. However, the exclusion of evidence does not apply when the opposing party suffers no surprise or prejudice and the failure is inadvertent.

Therefore, the provision should have prevented the exclusion of Thornhill’s evidence in the first place. Once the Court of Appeals reinstated the plaintiff’s claim, it was a clear reminder to the Circuit Court that dismissal should be avoided when possible. Procedural rules, like the deadline for UPSO, exist solely to facilitate justice and should not be used as instruments for denials.

MichieHamlett’s Kyle McNew Gets the Claim Reinstated

Thanks to the courtroom savvy of attorney Kyle McNew with MichieHamlett, appellate court Judge Dominique A. Callins reversed the ruling. According to Callins, the Circuit Court made an error of judgment which resulted in the equivalent of a civil ‘death penalty’ for the plaintiff’s minor violation. She appeared frustrated that the Circuit Court judge still maintained the improper dismissal even after acknowledging that Thornhill timely filed his witnesses and exhibits list with Dr. Brear’s office.

Let Us Help You With Your Medical Malpractice Claim

The skilled and resolute attorneys at MichieHamlett would go the extra mile to ensure your medical malpractice case makes it to trial. You do not have to concern yourself with procedural errors, missed deadlines, or omissions that could get your case tossed out of court. Reach out to our firm and talk with our personal injury team to discover just what we could do for you, even if your case was unfairly dismissed.