The plaintiffs brought a motion to prevent the dismissal of their medical malpractice action for delay under Rule 48.14 of the Rules of Civil Procedure.
The court applied the two-fold test from *Kara v. Arnold*, requiring an acceptable explanation for delay and no non-compensable prejudice to the defendants.
The court found the plaintiffs provided a reasonable explanation for the delay, citing the complexity of medical malpractice actions, financial difficulties of the lead plaintiff, and some lack of cooperation from defendants in scheduling discoveries.
The court also found no non-compensable prejudice to the defendants, as documents were exchanged and witnesses were available.
The motion was granted, and a timetable was set for the action to proceed.
