What’s the law

Doctors and health care providers are held to a standard of care of acceptable practice by community
standards. When this standard is breached and a patient is injured, the physician or health care provider can be
required to pay compensation. Compensation can include medical bills, lost wages, and intangible amounts such as
pain and suffering and loss of the capacity to enjoy life. When the breach of conduct leads to a death, the
survivors of the decedent can make a claim for loss of support and services, and for their mental pain and
anguish.

Perhaps no legal field is as difficult and demanding as medical malpractice. The first challenge is
determining whether a breach of the standard of care has occurred. This requires a thorough review of the
medical records, both by firm personnel and by hired consultants. Next occurs intensive research into the
medical literature. The injury or disease that was the reason for treatment must be fully understood. Finally, a
consulting physician must agree that a breach of the standard of care has occurred. All of these steps are
necessary before a claim can be filed. The intensive investigation required is the reason the firm retains a
full-time medical director and keeps a consulting physician on staff.

Representative cases

Unnecessary surgery

Most doctors are competent, caring professionals. A few, however, are unqualified and cause tremendous harm
to their patients. However, many physicians are reluctant to testify against other doctors. One client underwent
several unnecessary spinal surgeries. Instead of helping, the surgeries left him partially paralyzed. The firm
investigated these incidents and was able to secure the assistance of practicing physicians who were willing to
testify against the unqualified doctor. A substantial verdict was reached against the physician. This cases
proves that, if the medical negligence can be proved, doctors will in fact testify against their colleagues.

Patient’s complaints ignored

Not to have your symptoms taken seriously is a terrible injustice. When our 48-year-old client presented to a
local emergency room, her complaints of numbness, chest pain, and tingling were dismissed as “psychological.” A
few weeks later, further tests revealed the truth - cervical disk compression leading to paralysis. Our research
showed that the condition was treatable, if the complaints had been taken seriously from the start. A
substantial settlement was approved against the hospital that ignored the symptoms. The case should be a lesson
to all: our client’s problems must always be seriously evaluated.