Grau v. Wells

Dr. Gerard Grau, the defendant in a medical malpractice case, timely appeals a nonfinal order that granted plaintiffs James and Brenda Wells’ motion to strike his pleadings and that entered a default on liability against him. We affirm.

The Wellses mailed their notice of intent to sue Grau and his practice in 1997. They alleged that Grau committed medical malpractice in connection with Mr. Wells’ October 1996 plastic surgery. Grau denied the claim. Alleging that he had conducted a diligent investigation, Grau attached an “affidavit of expert” from Dr. Robert Mandraccia, a physician who stated…