Demurrer/Settlement – Claim of Professional Negligence – Overprescribing – Claim of Dependent Adult Neglect/Abuse

Plaintiff, a 33 year old female, claimed professional negligence and dependent adult neglect/abuse with a prayer for punitive damages against her Primary Care Physician, a Family Practice Specialist. Plaintiff was taking pain medication prescribed by defendant physician in addition to muscle relaxers and benzodiazepines (Xanax) that she was obtaining illegally via the internet. Plaintiff’s infant daughter ingested one or more pills and was hospitalized. Ms. Haskins successfully argued a Demurrer and Motion to Strike which removed the claims for dependent adult neglect/abuse from the Complaint. While the Motion for Summary Judgment brought by Ms. Haskins was not granted, the Court made clear that the plaintiff had expert foundational issues and that Court would hold a 402 hearing prior to trial. Ms. Haskins negotiated a qualified (below reportable) confidential settlement on behalf of her physician client in advance of trial.

February 1, 2017