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Member Achievement and Case News: Featured

SJ on Dental Breach of SOC Reversed

Sunday, November 19, 2017   (0 Comments)
Posted by: Tom Jensen
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Patient in dental malpractice case appealed trial court order finding breach of the standard of care on partial summary judgment. Trial court refused to consider the affidavit in opposition by the defendant dentist. On appeal in Frederick v. Louisiana Med. Mut. Ins. Co., 2017 WL (La. App. Nov. 8, 2017) the court reversed. Neither a party or an employee of a party is precluded from offering expert opposition, because witness bias may be explored on cross-examination. Defendant's affidavit raised a genuine issue of material fact of SOC and breach. "A court cannot consider whether plaintiff has carried her burden of proving a breach without first carrying her burden of proving the applicable standard." Thus a supervisory writ was issued.  


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