Bushwack, Richman and LiPetri Obtain Stipulation of Discontinuance with PrejudiceApril 19, 2017 | | |
Bushwack, Richman and LiPetri obtained a Stipulation of Discontinuance with Prejudice in a dental malpractice case involving claims brought against the Division Director at a University Dental Clinic. Plaintiffs’ counsel claimed that the dental residents, who were under the supervision of the Program Director, committed dental practice in their management and treatment of the plaintiff. After filing a motion for summary judgment, plaintiff chose to discontinue the case with prejudice outright instead of submitting opposition. To support their motion for summary judgment, the Rivkin team obtained Affirmations from plaintiff’s subsequent treating dentists who stated that all treatment rendered was not curative in nature but instead was performed to meet the high expectations of the patient. Plaintiff’s current treating dentist also stated that his initial evaluation of plaintiff did not reveal any prior malpractice.