Neil, Dymott, Frank, McCabe & Hudson, APLC

Recent Success

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 ...

Robert Frank Saves Family Practitioner's License

The California Medical Board sought to revoke or suspend a Family Practitioner’s license to practice medicine for failing to refer a patient to the Emergency Room or schedule labs for a patient demonstrating flu-like symptoms.  The patient went to the ...

Successful Defense of Registered Dental Assistant Against Claims by California Dental Board

Neil Dymott shareholder Robert Frank successfully defended a registered dental assistant after the California Dental Board brought accusations that asserted the RDA had performed unauthorized dental procedures and practiced beyond her scope.  The California Dental Board went after the RDA’s ...

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