John W Hatcher, the Judge of the Fayette County Circuit Court has granted a motion for dismissing a case of medical malpractice against Charleston based anesthesiologist Dr. Timothy Deer. On July 8th, the ruling was passed in favor of Dr. Deer in the lawsuit that was filed by Deborah Jean Stone, on behalf of the estate belonging to her late husband Harold Stone. Harold died on January 30th, last year because of the implanting of a Prometra Pump System in 2007 by Dr. Deer, which released toxic morphine during the process of MRI that was conducted on his knee, according to the complaint.Dr. Timothy Deer

Outstanding Decision

Medical malpractice lawyers stated that when Deborah prepared the filing of the lawsuit, she also served a Screening Certificate of Merit and a Notice of Claim on the accused doctor. According to the order issued by Judge Hatcher, the Certificate of Merit was prepared by physiologist Frank G Shellock who is neither a health care provider nor a physician as per the Medical Professional Liability. Hatcher also ruled that when the doctor’s counsel argued on the Certificate of Merit, Stone’s attorneys disagreed. The lawsuits were filed without correcting deficiencies.

Common Sense Prevailed for Once in America

The complaint was considered invalid because of the failure to comply with established statutory prerequisites required for filing a case of medical negligence. The defendants in the case also included Thomas Health System, Flowonix Medical, Dr. Philip Surface, and one Jane Doe. The Prometra Pump was manufactured by Flowonix Medical Systems and they knew that it could be hazardous for a person with the pump to undergo an MRI, the complaint stated.

The patient was given the necessary information. They took the risk anyhow. The doctor did his job and there is no one who can say he did not. Deborah knew the risks and she was OK with them. This is just bad luck and for her to blame the doctor is another reason America has a shortage of doctors

According to the complaint, Flowonix is responsible because it established contacts with Dr. Deer, and that he had these pumps fitted in as many as 16 patients. The case was being closely followed and monitored by medical malpractice attorneys.