Facts

Plaintiff Lidia C. Borrayo was a patient of defendant Dr. G. James Avery II, M.D. On March 5, 2009, defendant examined plaintiff's right arm and shoulder due plaintiff's complaints of pain and limited mobility. During the visit, defendant diagnosed plaintiff with severe thoracic outlet syndrome and recommended that plaintiff undergo surgery. On September 4, 2009, defendant performed the surgery; however, plaintiff alleged the surgery caused her more pain. Plaintiff sued defendant for medical malpractice.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent in performing surgery on right arm and shoulder because it caused plaintiff's right clavicular head to become destabilized, and in turn, resulting in severe pain when moving her right arm and difficulty when swallowing food.

DEFENDANTS' CONTENTIONS: Defendant denied plaintiff's contentions. Defendant sought dismissal of plaintiff's complaint because plaintiff delayed in prosecuting her claim.

Result

The court granted defendant's motion to dismiss for delay of prosecution.