Settlement – Claim of Violation of Medical Practice Act by Use of Unlicensed Employees – Claims in Excess of MICRA Limitations

Plaintiff initially claimed medical malpractice following a routine podiatric procedure. During discovery, the claims were redefined by plaintiff as it was alleged that she was seen on one or two post-operative visits by office staff who performed services that may have required licensure or direct supervision of the physician. Plaintiff then claimed that these staff members failed to recognize and properly treat a severe infection which caused her pain, deformities and the ultimate amputation of a toe. Ms. Haskins negotiated a confidential settlement on behalf of her physician client prior to plaintiff’s motion for leave to amend the complaint to add claims which may have fallen outside of the MICRA protections.

April 1, 2017