WEATHINGTON Associate, Hilliard Burton, recently won a motion to dismiss in a medical malpractice suit in Gwinnett County Superior Court. Plaintiff’s Counsel alleged that a knee fusion operation was performed improperly due to the use of an antibiotic cement spacer. However, he failed to attach an expert affidavit to his complaint and filed suit well beyond the statute of limitations. Although additional grounds for the motion to dismiss were raised, the Court agreed with Hilliard’s position on these two main issues, granting his motion from the bench and dismissing the complaint with prejudice.
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