LDM Secures Summary Judgment for Nebraska Orthopedic Surgeon
Partner Mike Storey and Attorney Callie Kanthack recently secured summary judgment in a medical malpractice case in Douglas County, Nebraska, on behalf of an Omaha orthopedic surgeon. The plaintiff had retained an out-of-state expert from a prestigious institution who was critical of the surgeon's care.
Following a skillful deposition of the expert, Ms. Kanthack successfully briefed and argued to the Court that the expert lacked a proper foundation for his standard of care opinions and, more importantly, failed to offer sufficient causation testimony linking his criticisms to any injury suffered by the patient. Three months before trial, the district court agreed with all arguments presented and dismissed the lawsuit in favor of the physician.
While LDM is proud to vigorously defend medical providers at trial, obtaining a dismissal prior to trial — sparing the provider the stress, inconvenience, and risks of litigation — is always a preferable outcome. For more details on their litigation strategy in this case, or for assistance with your claims, please contact Mr. Storey or Ms. Kanthack.