Plaintiff Lawyer Withdraws in Medical Malpractice Case


downloadThe legal counsel for the plaintiff in a medical malpractice case against a physician and his employee has petitioned to be excused from his responsibility of counsel. Derek R. Layser of Layser & Freiwald in Philadelphia, motioned to the Court to be removed as attorney of record for Linda Hydro, citing “irreconcilable differences” related to the legal action. Layser claimed to have noticed Hydro that same day, and asked for a 45-day window for Hydro to secure new counsel.

Layser also informed the court that he would give specific details as to his decision to withdraw to the court, if necessary, but only before an on-camera hearing and not in the presence of the defendants in the case.

A hearing on this matter was set for Monday in Court chambers at Philadelphia City Hall.

Hydro’s lawsuit was filed in November 2013, naming Dr. Donald Scot Malay, his employer Presbyterian Medical Center of Philadelphia and Trustees of the University of Pennsylvania as defendants. Hydro accuses Malay and the other defendants in an allegedly improperly-performed podiatric surgery.

Hydro approached Dr. Malay for medical treatment to repair a misaligned right second metatarsophalangeal (MTPG) implant. Dr. Malay advised that Hydro undergo surgery in order to remove the implant and other procedures to correct the problem.

The recommended surgery was performed on December 16, 2011. Before the surgery, Hydro was unable to bear any weight upon her foot. After the surgery, she was at least able to walk using her heel.

In February of 2012 during a follow-up visit, however, x-rays revealed that the fusion site had healed while a graft site was unhealed leaving Hydro with an unhealed non-union fracture. Further medical treatment and physical therapy were required to address Hydro’s condition. .

Hydro is seeking compensation for sustained pain and suffering, in addition to damages related to the improperly performed surgeries by Malay and the other defendants in the case.

Medical malpractice or medical negligence lawsuits are usually very complex and highly technical in nature. Legal representatives for physicians and health care providers usually have strong financial backing and insurance companies are very skilled at fighting such cases in a courtroom. That is why in cases such as this one, having an experienced and competent attorney who will fight for the rights of patients is essential for success.

At Bottar Leone PLLC, our attorneys who specialize in medical malpractice have years of experience and expertise representing patients and their loved ones. If you or a loved one has suffered as a result of medical malpractice or negligence, contact us today. You may be entitled to compensation for your medical bills, continuing therapies, loss of income, as well as pain and suffering or wrongful death. Contact us today to schedule a free, in-depth consultation and evaluation of your case.

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