Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Court reinstates medical malpractice claim improperly dismissed as a sanction for late discovery

In Brennan v. Naveed, Petrella and Mid-Michigan Radiology, et al., the plaintiff sued several Gratiot County doctors, alleging that they failed to timely detect and treat a compression fracture.  The Defendants sought to discipline Brennan for taking too long to answer Interrogatories and the Court imposed a $350 fine.  The Defendants then objected because Plaintiff attempted to incorporate her answers to other defendants in response, and because she was late paying the $350.00. Her claim was then dismissed with prejudice as to the moving Defendant.  She appealed.  The higher court ruled that while there may be good cause for the extreme sanction of dismissing Brennan's case, the Judge did not provide the required explanation on the record, necessitating remand to the lower court.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262