Henry Fenton and Nick Jurkowitz successfully represented a physician before the Medical Board of California in the dismissal of an Accusation without having to conduct a hearing. In the case, the Medical Board alleged that an ophthalmologist engaged in gross negligence with respect to her care and treatment of a pediatric patient. The issue was brought to the Medical Board’s attention by a competitor ophthalmologist, and the claims were specious at best. After taking the case over from previous counsel, Fenton Jurkowitz Law Group reviewed the case file and learned from the evidence that the case may have been initiated after the statute of limitations had run. Upon that knowledge, the firm engaged in further discovery to obtain specific documents, previously withheld by the Medical Board, to determine if the statute of limitations had indeed run. After reviewing the case file, the firm knew which documents to request and proceeded to request them from the Medical Board. After receiving the firm’s request, the Medical Board withdrew the Accusation and dismissed the case rather than turn over the documents that likely would have shown that the statute of limitations had run. It was a great victory that not only resulted a complete dismissal for the client, but also allowed the client to win the case with minimal expense.
