Dismissal in a medical malpractice case against an orthopaedic surgeon

JOHN MARTIN (Wilmington)  obtained dismissal in a medical malpractice case against an orthopaedic surgeon. The plaintiff alleged the surgeon failed to timely identify and treat loss of alignment at the fracture site following surgery, resulting in permanent injury. John deposed the plaintiff’s expert witness, and filed a motion to dismiss the case on the ground that the plaintiff’s expert witness failed to qualify on being familiar with the standard of care. The trial court granted the motion, dismissing the lawsuit.