On April 26, 2023, Judge Stephen P. Carras granted Vanessa McCamant’s motion for summary disposition in a medical malpractice case. McCamant defended two family medicine physicians based in Midland, MI, who treated a patient in 2016.
Before visiting the physicians, the patient had gone to the ER for shortness of breath. There, a lung CT was performed, which showed an abnormality in his left lung. He was diagnosed with pneumonia, and his symptoms resolved days later. In 2018, he was diagnosed with lung cancer. He filed a lawsuit in 2019, alleging the physicians failed to follow up on his abnormal imaging and delayed his lung cancer diagnosis.
In 2022, McCamant filed a motion for summary disposition, and all parties offered oral arguments for their positions. The court withheld a decision but set a Daubert evidentiary hearing to collect expert testimony and evidence.
During the evidentiary hearing, McCamant cross-examined the plaintiff’s expert – Dr. Tucker – who testified that the physicians fell below the standard of care because they didn’t order follow-up imaging in 2016 to resolve or diagnose the lung abnormality. He based his opinion on common sense and experience and used two articles to support his position.
The physicians’ experts – Dr. Pollens and Dr. Shreve – testified that Dr. Tucker’s articles weren’t applicable to the relevant standard of care and contradicted his own opinion. They cited additional sources that gave clear medical recommendations for cancer screenings which the physicians followed in 2016.
The court decided Dr. Tucker’s testimony was not sufficiently reliable and did not meet expert standards outlined in Daubert and other applicable Michigan law. Consequently, the court excluded his testimony from the case. Further, the court granted McCamant’s initial motion for summary disposition, as without an expert to provide support for their claim, the plaintiff could not move forward with his medical malpractice claim under Michigan law.
We are thrilled with the court’s ruling and happy to successfully defend our clients after four years of litigation.
About the Attorney
Vanessa McCamant brings more than 14 years of experience to defending health care providers against medical malpractice claims. She also represents clients in health law and professional licensing matters. Vanessa earned her Juris Doctor from DePaul University College of Law and a certificate in Health Law from its Health Law Institute.
Smith Haughey defends health care professionals against medical malpractice claims.