The defendants, Dr. L., Dr. S., and Hospital A, brought motions to strike portions of the plaintiffs' statement of claim, for partial summary judgment, and to bifurcate the trial in a medical malpractice action.
The plaintiffs alleged negligence and breach of fiduciary duty by Dr. L. for treating J.O. despite knowing or ought to have known of her incompetence, and for failing to disclose past medical errors and complaints.
The court partially granted the motion to strike, removing allegations of failing to disclose general information and past medical errors/complaints to the College of Physicians and Surgeons, but allowed claims of negligence and breach of fiduciary duty based on Dr. L.'s knowledge of her own deficiencies to proceed.
The motions for partial summary judgment and bifurcation were dismissed.
The court also ordered J.O. to provide consent for police records related to a Family Law Act claim.
