Mark Novotny and Sarah Dempsey recently won a motion for summary judgment, obtaining the dismissal of a medical malpractice case filed against an orthopedic surgeon. The case arose out of a knee replacement surgery. The plaintiff alleged that the nurses from the hospital and the defendant surgeon had negligently left a piece of sponge behind in the knee following surgery. Mr. Novotny and Ms. Dempsey successfully argued that the claim was barred by the applicable statute of limitations based upon the full disclosure to the patient of issues, the low risk of further problems and the recommendation against revision surgery.
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