Schmidt v. Posnick

Opposition to Motion for Summary Judgment on Consumer Protection Claim Against Physician


This is the argument in a D.C. case we filed on behalf of the patient after a plastic surgery which did not go well. The case involved allegations of medical malpractice and violations of the D.C. Consumer Protection Act, which allows for treble (triple) damages if the jury finds in the patient's favor. The Judge agreed with the patient and found she had sufficient evidence to pursue a claim against a plastic surgeon for violation of the consumer protection statutes in DC based on the alleged conduct of a plastic surgeon. Of course, the jury still needed to find in her favor, but this decision meant that the case was allowed to proceed. The judge acts as a gate keeper in the decision as to whether the patient has sufficient evidence to present the claim to a jury. In this case, as is set forth in the motion, the patient received an email from the surgeon which she believed promised her certain results. The surgeon also had "before and after" photos on his website that made the patient believe she would be entitled to same or similar results. The patient also contended that the surgeon made negative remarks about other plastic surgeon(s) she was considering in order to "induce" her to hire him for this surgery. The Order which recognized the claim is also available. This is an important decision for consumers in DC because it recognizes that physicians, like other defendants, are subject to the Consumer Protection Statutes in D.C.

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Reference Info:Pleadings | State, D.C. Circuit, D.C. | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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