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Can your Maryland medical malpractice case be Dismissed before you even get to a jury hello I Am Marcus Boston, and I am a Maryland medical Malpractice attorney practicing law in the state Of Maryland and I would like to talk with you Today about a concept in Maryland law called A motion for summary judgment now before we get To the summary judgment aspect of things you need To understand what is a motion what does a motion Do a motion is essentially one party to the case Asking the court to do something on their behalf So they file a motion, and they are essentially Saying judge I want you to do this for me now for A motion for summary judgment a party to the case Usually the defense, but the plaintiff can also File one too, but usually the defendant is going To file this motion asking the court to dismiss Your medical malpractice claim or a particular Issue that you have in your claim they are asking The court to dismiss either the entire claim or Part of the case and to do this what they are Going to have to do in their motion is they are Going to have to state arguments they are going To state law they are going to state things which Would make the judge rule in their favor now it's Not over after the defendant files for summary Judgment the plaintiff will also have an Opportunity to rebut the claims that the defendant Is making in their motion for summary judgment So the plaintiff will also have an opportunity To put law and arguments in their particular Motion saying why the case should not be dismissed Or why a particular issue should not be dismissed When the judge gets these two competing these two Competing claims what will happen is if there is A genuine issue of fact which has to be decided Lets say one defense expert in a medical malpractice Case is saying one thing the plaintiffs expert is Saying something else, and they are both coming Against each other than the judge in many instances Is going to say look attorneys we have a conflict Here we have a genuine conflict of fact I am going to Allow the jury to decide this so Mr defendant Mr Defense attorney you brought the motion for Summary judgment and based on what I see I am Going to deny your request for summary judgment And I am going to allow the case to proceed to The jury so why have I taken the time today to Explain this concept to you in very simple terms The reason why is that I would like to give You insight as to the process I would like to Allow you to have a better understanding of what Goes on if you think you need to file a medical Malpractice case in Maryland now I realize that You are watching this video, and you probably have Questions and if you do have questions about Whether you are the victim of medical malpractice And your matter happened here in Maryland this Is what I invite you to do pick up the phone and Give us a call I can be reached at 301-850-4832 Or you can email me to medical injury Bostonlawllc.com I answer questions like yours All the time and I...
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