Arguing the link between an individual's negligence and that of an affiliated company can be difficult if the individual defendant isn't a traditional employee of the corporate defendant. That difficulty takes on a central role in medical malpractice trials involving conceirge medical firms that rely on networks of affiliated physicians in order to market more personalized health care to member patients.
In January's Beber v. Metzger trial, Searcy Denney's Andrea Robinson uses her opening statement to detail concierge medical firm MDVIP's marketing promises of exceptional medical care to her client Robert Beber and his wife Joan. She then ties those promises and MDVIP's oversight to what she claims was the negligent care of its affiliate physician, Dr. Charles Metzger, and the medical treatment she said caused Joan Beber's leg amputation. The cogent opening helped pave the way for an $8.5 million verdict in Beber's medical malpractice and false advertising suit.
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