Learn how to draft a Motion for Summary Judgment in medical malpractice cases. Understand the essential steps, key arguments, and strategies for success in challenging medical negligence claims.
Medical malpractice cases are complex, requiring plaintiffs to prove that a healthcare provider's negligence caused injury. However, defendants can often challenge these claims early through a well-drafted Motion for Summary Judgment (MSJ). By showing that no genuine dispute of material fact exists, healthcare providers can seek dismissal without the burden and expense of a trial.
This guide outlines how to strategically draft and file an MSJ in medical malpractice cases to maximize the chances of success.
A Motion for Summary Judgment asks the court to rule in favor of the defendant before trial, arguing that:
The plaintiff lacks sufficient evidence to support their claims.
The healthcare provider complied with the applicable standard of care.
No genuine causal link exists between the provider's actions and the plaintiff’s injury.
Procedural defenses, such as expiration of the statute of limitations, bar the claim.
If granted, an MSJ can effectively end the case without proceeding to trial.
MSJs are typically filed after the discovery phase, once both parties have exchanged evidence and deposed expert witnesses.
Ideal circumstances include:
Weak Expert Testimony: The plaintiff's expert fails to establish negligence or causation.
No Breach of Standard of Care: The defendant adhered to accepted medical practices.
Lack of Causation: Evidence shows the injury was unrelated to the defendant’s conduct.
Statutory Defenses: The claim is barred by the statute of limitations or other procedural rules.
Demonstrate that even viewing all evidence favorably to the plaintiff, no reasonable jury could find against the defendant.
Focus areas:
Adherence to Standard of Care: Use medical records, peer-reviewed guidelines, and expert testimony to show compliance.
Absence of Causation: Highlight alternative causes for the plaintiff’s injury.
Support the motion with:
Certified medical records.
Affidavits or declarations from the defendant and expert witnesses.
Depositions of the plaintiff, treating physicians, or other key witnesses.
Incorporate:
Citations to case law on standard of care and causation in medical negligence cases.
Statutory references, especially for statute of limitations defenses.
Comparative or contributory negligence arguments, if applicable.
Organize the motion into key sections:
Introduction: State the purpose and relief sought.
Statement of Undisputed Facts: Clearly list material facts supported by evidence.
Legal Argument: Connect facts to governing law, arguing why judgment is warranted.
Conclusion: Request dismissal of the claims or judgment in favor of the defendant.
Submit the MSJ to the court in compliance with procedural rules.
Serve the opposing party properly to allow time for response.
Anticipate counterarguments challenging the sufficiency of expert evidence or alleging disputed facts.
Be ready to defend the admissibility and strength of your evidence.
After reviewing the motion, supporting documents, and opposition, the judge may:
Grant summary judgment (case dismissed or limited issues removed).
Deny the motion (case proceeds to trial).
Grant partial summary judgment on some claims.
Ignoring Expert Testimony: Failing to address plaintiff’s expert opinions can doom the motion.
Insufficient Supporting Evidence: Omitting key records, affidavits, or deposition excerpts undermines the motion.
Procedural Errors: Missing deadlines, improper formatting, or incomplete filings can result in rejection.
Drafting a Motion for Summary Judgment in medical malpractice cases demands careful analysis, strong evidence, and precise legal arguments. A well-prepared MSJ can save time, protect reputations, and resolve baseless claims before the case ever reaches a jury.
If you're facing a medical malpractice lawsuit, working with skilled legal counsel to craft a strong MSJ can be a decisive step toward achieving a favorable outcome.
At Legal Husk, our experienced attorneys specialize in defending healthcare professionals and institutions against malpractice claims.
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