Dr. Webber was sued by a patient for medical malpractice. The patient alleges Dr. Webber removed the wrong organ during a surgical procedure. After the initial pleadings stage, the parties engage in significant discovery. After conducting months of discovery, the parties realize they both agree as to exactly what Dr. Webber did during the surgical procedure and what organs were removed, and the only remaining disagreement is whether Dr. Webber’s decision to remove a particular organ was “correct” from a medical standpoint. In reality, nothing in the case suggests Dr. Webber did anything incorrectly, and the evidence shows that Dr. Webber did exactly what he should have done during the procedure. What should Dr. Webber’s lawyer do next?
Author: Anonymous
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