Professional Malpractice

• We defended a clinical neuropsychologist who was sued for malpractice. Plaintiff was an adolescent boy who initially sought an evaluation for Attention Deficit Disorder ("ADD"). During the clinical interview (which was also attended by plaintiff's mother) our client noted that the boy had a history of suicidal behavior, but understood that the boy was being treated for this condition. Shortly following the assessment, the boy apparently attempted to commit suicide by hanging himself on a rope swing. The attempt failed. As a result of oxygen deprivation, the boy suffered catastrophic brain damage, including quadriplegia. Plaintiff sued, alleging that our client failed to diagnose his suicidal tendency and that he failed to refer the boy to a specialist. The discovery centered on the applicable standard of care regarding treatment for adolescent suicidal behavior. Also, the case involved a detailed “reconstruction” of the events leading to the apparent attempt, and substantial motions practice regarding the extent of the client’s duty of care. The case was settled by counsel on a confidential basis at the close of the discovery.
• We defended a physical therapy LLC and student therapist. Plaintiff, an elderly and active woman, alleged that following corrective hip-replacement surgery, our clients' alleged improper manipulation of her hip exacerbated a degenerative condition, resulting in the need for additional hip replacement surgery. The discovery focused mainly on the plaintiff’s bone density and related health conditions, the recommended methods of physical therapy for patients suffering from degenerative osteoarthritis, and also whether administrative regulations that allow for the utilization of a student therapist created a legal duty to directly supervise the student during treatment. The case settled in mediation on a confidential basis.
• We represented a woman whose fetus was severely brain damaged as a result of hypoxia which occurred during labor and neo-natal resuscitation. The case involved complex medical issues, including obstetrical medicine, genetics and placental physiology. Also, the case involved a key legal issue; whether the defendant health care system was responsible under an apparent agency theory for the attending obstetrician's negligence. The case involved substantial motions practice and medical depositions, and the preparation of a life-care plan and economic projections regarding the child's future medical costs. The firm also created a film of the child’s treatment regimen which was narrated by his providers and by his father. After several mediations and just prior to argument on summary judgment on agency, the case resolved in mediation on a confidential basis.
• We represented an elderly woman who sought recovery from her employer-sponsored health care provider for a failure to timely diagnose a cancer of the parotid gland. As a result of the delay, the client underwent radical surgery which left her grossly disfigured, and the cancer had also metastasized to lung tissue. The case involved complex medical causation issues and also, an examination of the provider’s internal controls regarding the storage and retrieval (for purposes of comparison) of prior scans and x-ray images. A key legal issue concerned whether an internal review document, which was given to the client during her treatment, constituted new information sufficient to toll the applicable statute of limitations. The court ruled that the information was sufficient to toll the statute. The firm created a film of the plaintiff’s life and agreed to share it with the settlement judge, defense counsel and the provider. The case resolved on a confidential basis during a court-sponsored settlement conference, and the provider’s medical director agreed to meet privately with the client to achieve closure.
• We represented a “pole barn” construction worker who sustained a severe tibial plateau fracture and related conditions as a result of a fall from a ladder while at work. During the extended recovery phase, which included the placement of a Philadelphia collar around the knee joint, the client developed an addiction to pain medications and other drugs. The case involved discovery of the orthopedic physician’s surgical technique and the extent of his knowledge regarding whether the technique could achieve “union” of the fracture. The firm created an exact model of the knee, which also depicted the manner in which the physician had attached the surgical plates and screws. Based on the physician’s post-surgical treatment history, the court ruled there was sufficient evidence of malice and allowed leave to file a claim for punitive damages against the physician. The case resolved on a confidential basis during a court-sponsored settlement conference.