Reagan Boyce and Bill Newman were successful in obtaining a dismissal of a medical malpractice suit for lack of standing by the named plaintiff. The lawsuit involved claims of negligence by the doctor and co-defendant hospital arising from an emergency resuscitation of a newborn with 0, 0, 0 APGARs. After counsel discovered the birth mother had lost parental rights during a deposition and no legal guardian besides Child Protective Services (who declined to get involved in the lawsuit) remained to pursue the lawsuit in her place, Ms. Boyce and Mr. Newman filed a motion to dismiss that was challenged three separate times by the would be plaintiff’s counsel and each time the Court sided with the defendants, finding the would be plaintiff lacked standing to sue before the statute of limitations on the would be plaintiff’s claims expired. The Court has now denied the would be plaintiff’s third and final challenge, upholding the order dismissing the case.
Attorneys: Reagan E. Boyce; William A. Newman