Pradat-Pumphrey Granted Summary Judgment

September 03, 2009.

       Diane Pradat-Pumphrey and Senith Tipton were granted summary judgment on behalf of the defendant on Sept. 3, 2009 in a medical malpractice case, McCorkle v. Dr. Kevin Braswell.
       The plaintiff alleged that the on-call ophthalmologist was negligent when he was consulted over the phone by the emergency room physician. Ms. Pradat successfully argued that, based on the facts in the case, this phone consultation did not give rise to a doctor/patient relationship and therefore no duty was owed the plaintiff by the ophthalmologist. Since the plaintiff could not sustain his burden of proof on this essential element of negligence, summary judgment was granted.