Neil, Dymott, Frank, McCabe & Hudson, APLC

Recent Success

Clark Hudson Successfully Defends Medical Clinic, Physician and Nurse Practitioner in Malpractice Suit

On June 2, 2016, Clark Hudson successfully defended a medical clinic, electrophysiologist, and nurse practitioner in a case of alleged malpractice, wherein plaintiffs alleged the defendants negligently provided care to a plaintiff who suffered a stroke. Specifically, plaintiffs alleged defendants violated the ...

Successful Defense of Oral Surgeon Against Claims Wisdom Tooth Extraction Caused Necrotizing Soft Tissue Infection

On May 13, 2016, Clark Hudson obtained a defense verdict on behalf of his client, an oral surgeon.  The case concerned a plaintiff who developed multi-organ system failure, septic shock, and necrotizing soft tissue infection from Group a Streptococcal bacteria 36 hours following ...

Jury Disagrees with Plaintiff’s Allegation Electrophysiologist Placed Unnecessary Pacemaker

On January 29, 2016, Clark Hudson concluded a 7-day jury trial after the jury deliberated for 2 days.  The case concerned a plaintiff who presented to the emergency room after he experienced 3-days of sudden syncopal episodes, with the third episode resulting ...

Hugh McCabe Successfully Defends Class Action Suit

On February 29, 2016, Hugh A. McCabe received a defense verdict on behalf of Dream Water in a class action suit alleging false advertising, breach of warranty and unfair competition. Defendant first began selling Dream Water in California in 2010.  Dream Water ...

Robert Frank Successfully Restores Osteopathic Doctors' License

At a recent hearing before the California Osteopathic Medical Board, attorney Robert W. Frank was able to restore an Osteopathic Doctors' California License to full, unrestricted status.  The Board previously disciplined the doctor with license revocation and a six-year probationary license for ...

Defense Verdict for Orthopedic Surgeon in Under an Hour

Shareholder Benjamin Howard obtained a defense verdict on behalf of his client, an orthopedic surgeon, in under an hour. Plaintiff alleged the defendant physician failed to diagnose Spontaneous Osteonecrosis of the Knee (SONK), resulting in a total knee replacement.  Further, the plaintiff ...

California Nursing Board Dismisses Complaint Against Nurse Practitioner

Robert Frank recently defended a nurse practitioner whose license was in jeopardy. The California Nursing Board complaint alleged her conduct resulted in a delay in diagnosing endometrial cancer. Due to their efforts in submitting written and testimonial evidence to challenge the ...

Unopposed Motion for Summary Judgment Can Forfeit Rights on Appeal

A six-year-old lawsuit recently came to an end on December 2, 2014, when the Court of Appeal, Fourth Division upheld the trial court’s grant of summary judgment in favor of the Defendant Doctors and Healthcare System.  On appeal, two of ...

Negligence Per Se Does Not Create a Presumption of No Triable Issues on Summary Judgment

A defendant's violation of a statute, regulation or ordinance that establishes the standard of appropriate conduct may constitute negligence per se if the violation was the cause of the plaintiff's harm. (Satterlee v. Orange Glenn School Dist. of San Diego ...

Summary Judgment Granted for Cosmetic Laser Clinic and the Physician and Nurse Who Provided IPL Laser Treatment

Sheila Trexler (retired 2017) secured a dismissal for her clients on claims of medical negligence, breach of contract, and assault and battery by winning a Motion for Summary Judgment.  As a result, the action was dismissed in its entirety and the ...

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