Asked by Destiny Marsh on Apr 29, 2024
Verified
Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?
A) The lawyer should make a motion for summary judgment.
B) The lawyer should make a motion for additional discovery.
C) The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
D) The lawyer should file a motion for judgment on the pleadings.
E) The lawyer should proceed to trial.
Motion for Summary Judgment
A legal request for a decision by the court without a full trial, based on presented evidence showing no factual disputes.
Malpractice Lawsuit
is a legal action taken against professionals, such as doctors or lawyers, for negligence or incompetence that results in harm to their clients or patients.
Discovery
A pre-trial procedure in a lawsuit where each party can obtain evidence from the opposing party through depositions, interrogatories, and document requests.
- Understand the procedural steps in civil litigation and the strategic decisions lawyers must make.
Verified Answer
ZK
Zybrea KnightMay 03, 2024
Final Answer :
A
Explanation :
A motion for summary judgment is appropriate when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Since the plaintiff has no credible evidence, this is the correct course of action.
Learning Objectives
- Understand the procedural steps in civil litigation and the strategic decisions lawyers must make.