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Maynard, O'Connor, Smith & Catalinotto, LLP

August 5, 2013

Firm Successfully Defends Appeal of Malpractice Action

Category: Firm News — admin @ 8:08 am

Robert Rausch was recently successful in obtaining not only a dismissal of a medical malpractice claim against a local hospital, but also in subsequently defending an appeal from that decision.  The plaintiff claimed that he was injured during the course of a physical therapy session and commenced an action in federal court based on both medical malpractice and disability claims.  The federal District Court dismissed the case, and the plaintiff appealed to the United States Second Circuit Court of Appeals.  On appeal, Rob Rausch argued that not only was the appeal jurisdictionally defective, but also that the underlying case lacked merit.  The Second Circuit agreed, affirmed the Decision of the lower court, and dismissed the case in its entirety.

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