Medical Malpractice
Lasik Eye Surgery
A young female veterinarian responded to an ad and went to a LASIK eye clinic. At a "seminar" conducted at the clinic she was advised that she was a candidate for surgery. She was told that she would be able to function without her glasses or contact lens and that this was a "simple" procedure.
Based on the representation from the clinic she went forward with LASIK eye surgery. This resulted in a significant deterioration in her vision that left her with significant vision impairment and a strong probability that she will need cornea transplants in the future.
Linnan and Fallon prosecuted the case through two weeks of trial wherein nationally known experts testified that the clinic had performed an inadequate work up for her surgery and that the plaintiff was never an appropriate candidate for this type of surgery. While the jury was deliberating we were able to negotiate a significant recovery to compensate her for the damages caused, and to provide funds for cornea transplant surgery in the future.
Failure To Diagnose Breast Cancer
A 23 year old female advised her primary health care provider that, during a normal self exam, she had discovered a small, pea size lump in the outer portion of her left breast. She was advised that she was "too young to have cancer" and told not to worry. The lump continued to grow and doubled in size. She returned to her primary health care provider and was again advised not to worry, that she was too young to be concerned with breast cancer. Two months later, the patient returned to her health care provider and was examined by a different practitioner who immediately referred the patient to a surgeon. The lump had spread and the cancerous mass that was removed resulted in a diagnosis of advanced Stage III cancer.
The case proceeded to trial in Warren County Supreme Court and after 3 weeks of trial, including the presentation of numerous expert witnesses in women's health care, oncology and pathology, the patient settled the matter for $1.1 MILLION DOLLARS.
Mammogram Report Failures
A 45 year old patient visited her local hospital's mammography center for her annual mammogram. The patient had been receiving annual mammograms for several years at the same facility. The mammogram revealed that the patient had a questionable spot in her left breast and that an immediate biopsy was necessary. The mammography center claimed that the report was electronically forwarded to the patient's primary care provider and a copy was mailed to the same clinic. When the patient inquired of her primary care doctor's office, she was informed that if there were any bad news she would be advised.
One year later, when the patient returned to her primary care doctor for her annual physical, a new doctor determined that the patient had never been advised of the results of the mammogram. In addition, the patient had never been advised that she needed an immediate biopsy. The biopsy was ordered and the patient was diagnosed with Stage III cancer. The patient underwent a radical mastectomy and endured both chemotherapy and radiation therapy.
A lawsuit was instituted against the patient's primary health care provider for failure to follow up and obtain the mammogram results; against the local hospital for failing to have a proper reporting service; and against the radiologist at the mammogram center for failure to notify patient's primary care doctor of the need for follow up treatment. Prior to trial, the primary care doctors admitted their liability and agreed to pay $725,000.
Subsequently, the local hospital settled for $200,000. A trial was then commenced against the radiologist and the radiology group. After patient presented evidence during 1 1/2 weeks of trial, the radiologist and the radiology group agreed to settle for $425,000. The result was a total recovery of $1.35 MILLION DOLLARS for the patient.
Hospital Care Following Surgery
A 34 year old male, married and the father of two young children was admitted to a hospital for a hemorrhoidectomy. A surgeon removed three external and two internal hemorrhoids and the patient was placed in the post-surgical ward for observation and recovery. While in the post-surgical ward, the patient went at least 9 hours without any nursing staff checking on his status. During the shift change, a new nurse found the patient in advanced septic shock and advised the patient's surgeon. The patient's surgeon phoned in an order for medication to stabilize the patient's blood pressure but did nothing to address the patient's underlying septic condition. Approximately 24 hours after surgery, the patient was seen by an infectious disease specialist who administered various antibiotics. These efforts were unsuccessful and the patient died of the effects of septic shock 38 hours after surgery.
The case proceeded to trial before a jury in Columbia County Supreme Court. The patient recovered a total of $3.6 MILLION DOLLARS for pain and suffering, wrongful death and future lost earnings.