Roswell, GA asked in Medical Malpractice for Georgia

Q: What is being asked of me?

The defense in a malpractice case responded that "plaintiff fails to state a claim upon which relief may be granted and, therefore the Complaint should be dismissed in its entirety." I have not yet submitted the exhibits/facts, only the affidavit from the expert witness. Is that what they are looking for? Most lawyers are stating the "situation isn't big enough" for their involvement. Are there other options? This is not so much about the past but being able to lift the physician's ban/blockage to my further treatment within the specific medical community.

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2 Lawyer Answers

Mitchell Feldman

  • Medical Malpractice Lawyer
  • Licensed in Georgia

A: This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.

Tim Akpinar agrees with this answer

Tim Akpinar

  • Medical Malpractice Lawyer
  • Little Neck, NY

A: It's difficult to provide a brief response to something as serious as the defendant's efforts to have a complaint dismissed without having more facts about the case. An attorney would likely want to see additional documents in the file. You've already sought counsel. One additional possibility might be to contact the Georgia Bar Association to see if they could be of assistance in further efforts to locate counsel.

Tim Akpinar

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