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Tuesday, November 14, 2006

EARLY AGGRESSIVE WORKUP LEADS TO AN EARLY DISMISSAL FOR LOWIS & GELLEN CLIENTS

Lowis & Gellen Partners Pamela Gellen and Scott Wolfe recently represented several psychiatrists and other healthcare professionals at a Chicago teaching hospital. The clients were accused of committing psychiatric malpractice. Moreover, the plaintiff in the case is a psychiatrist at another psychiatric teaching hospital in Chicago. The plaintiff alleged that the mistreatment, including the administration of electroconvulsive therapy a/k/a shock therapy, caused him to loose his psychiatric practice, teaching appointment, led to licensure and regulatory problems and other damages. Lowis & Gellen aggressively worked up the case performing internal investigations, interviews with staff, a comprehensive investigation into the plaintiff's background and analysis of employment records and medical records for the plaintiff psychiatrist. Based on the investigation, firm Partners Pam Gellen and Scott Wolfe filed Motions challenging the adequacy of the lawsuit on several grounds. After multiple briefs and hearings, the Judge agreed with Pam and Scott and dismissed the lawsuit before their clients even had to give a deposition.

For more information regarding the case or for general information on psychiatric malpractice, please contact Scott Wolfe at swolfe@lowis-gellen.com.

TRIAL VICTORY FOR LOWIS & GELLEN PARTNERS BEFORE ANY EVIDENCE

On October 18, Judge Carol Pearce McCarthy of Cook County, Illinois dismissed a lawsuit during trial but before any evidence was presented to the jury. Lowis & Gellen partners Mark Smith and Scott Wolfe represented a Family Practitioner accused of failing to diagnose lymphoma, a cancer of the lymphatic system. The plaintiff alleged that the doctor was her primary care physician and had failed to properly evaluate abnormalities on mammograms which would have lead to the diagnosis of her lymphoma. During the course of discovery before trial, firm Partners Mark Smith and Scott Wolfe retained world renown experts in the fields of family practice and oncology, and obtained supportive testimony from the plaintiff's treating physicians. During motions at the beginning of the case Judge McCarthy found Lowis & Gellen's defense so overwhelming she would not allow the trial to proceed any further and dismissed the case on the day of opening statements.

For further information in this case or on Lowis & Gellen's professional malpractice defense group, please contact Mark Smith at msmith@lowis-gellen.com or Scott Wolfe at swolfe@lowis-gellen.com.