FOR IMMEDIATE RELEASE

December 27, 2016

Contact:  Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com

 

QPWB LAWYER OBTAINS ORDER OF SUMMARY FINAL JUDGEMENT FOR PHYSICIAN ASSISTANT


Medical Malpractice Defense

Todd M. Smayda
Todd M. Smayda

Tampa, Florida – Quintairos, Prieto, Wood & Boyer, P.A., partner Todd M. Smayda secured an Order of Summary Final Judgment for a Southwest Florida Physician’s Assistant in a medical malpractice case two weeks before the scheduled trial. The case involved the diagnosis of an occluded carotid artery and the Internal Medicine standard of care. The plaintiff in that case failed to retain an expert specializing in Internal Medicine, instead relying on a physician-expert in a different specialty to give Internal Medicine standard of care testimony. Mr. Smayda successfully moved to restrict that expert from giving standard of care testimony at trial with a pre-trial motion in limine. Mr. Smayda followed the order granting his motion in limine with a Motion for Summary Final Judgment arguing the plaintiff would be unable to establish a negligence case against the practitioners without the testimony of an appropriate expert. The court agreed and entered summary final judgment for all defendants. The plaintiff appealed the order to the Second District Court of Appeal which validated the dismissal of the case.