TT&H Attorney Laura Herzog Wins Summary Judgment for Psychiatrist in Medical Malpractice Action

TT&H Attorney Laura Herzog recently won summary judgment in connection with a medical malpractice action.  Laura’s client, a psychiatrist, was one of several Defendants named in the suit, which stemmed from an attempted suicide.  Laura’s client was named in the suit because his name appeared as “reviewer” on an assessment record prepared by another mental health professional, which he purportedly executed, despite the fact that he never treated or evaluated the Plaintiff.  Relying in part on data developed through intensive Electronic Medical Records (“EMR”) discovery, and an understanding of the clinic’s EMR software, audit trails and Virtual Private Network, Laura moved for summary judgment.

The Court granted Laura’s Motion and dismissed all claims against her client, holding that no doctor-patient relationship existed between the Plaintiff and her client.  The Court found that the electronic and other discovery established that the psychiatrist had no relationship with the patient at the time of attempted self-harm.  The Court further noted the absence of any evidence indicating that Laura’s client held a supervisory role at the clinic where Plaintiff was treated.

Questions about this case can be directed to Laura Herzog at (610) 332-7004 or lherzog@tthlaw.com.