Personal Injury & Medical Malpractice
Unlike most general practice firms, we represent many individuals with personal injury claims arising from accidents, defective products, medical malpractice, and other causes.
Unlike many other firms that handle personal injury cases, we do not rely on routine processing of a large volume of cases. Instead, we treat each personal injury matter with the same emphasis on thorough preparation, personal involvement of senior attorneys, and commitment of resources that we try to bring to all cases in our practice. Many of our clients are referred to us by other attorneys, who know that we are the attorneys within the profession who will achieve the best possible results for clients they refer to us.
Delayed Diagnosis of Breast Cancer
Two recent cases involved two instances of delayed diagnosis of breast cancer from which the women ultimately died. Both cases settled for significant amounts after the women’s deaths. In one case, the delay occurred because the defendant negligently failed to compare the plaintiff’s prior year’s mammogram with her current mammogram, thereby missing a significant change. In the second case, the women’s primary care physician failed to have the patient undergo annual mammograms, despite the fact that the woman had strong history of breast cancer in her family.
Delayed Diagnosis of Lung Cancer
The plaintiff, a 70 year-old former smoker, saw her primary care physician for a persistent cough. The doctor diagnosed pneumonia, prescribed an antibiotic and sent the plaintiff home. At the insistence of the plaintiff’s niece, who is a pediatrician, the plaintiff returned and requested a chest x-ray. The radiologist’s report of that x-ray revealed a suspicious mass and recommended a repeat chest x-ray and CT scan. The plaintiff was never informed of the results of the chest x-ray. When the plaintiff returned several months later with the same symptoms as earlier, a repeat chest x-ray and subsequent CT scan revealed advanced lung cancer. After establishing that the doctor had altered her records, the case settled prior to trial.
The plaintiff suffered severe emotional and physical damages as a result of the unnecessary and unwanted Cesarean section delivery of her fourth child. After a lengthy trial, the jury awarded a substantial verdict to the plaintiff and her family.
The 17-year-old plaintiff severely injured his leg in a moped accident while on a school trip. His subsequent treatment for these injuries and resulting infection led to a below-the-knee amputation. During jury deliberations, the defendant’s insurance company agreed to pay a substantial settlement to the plaintiff.
Rehabilitation Facility Malpractice
The elderly plaintiff, a distinguished writer, was transferred to a rehabilitation facility within a hospital to recuperate after surgery. When “sitters” assigned to her were either relieved or inattentive, the plaintiff got up from bed, wandered and suffered two falls. After the second fall, her health deteriorated swiftly and she subsequently died. The facility settled for a confidential amount after discovery.
The elderly plaintiff, who had resided at a nursing home facility for several years, suffered a broken leg when a nurse’s aide failed to use prescribed equipment to transfer the plaintiff from her bed. The elderly plaintiff broke her leg. The aide then put the patient back in bed and the patient did not receive any treatment until the next morning, when she was sent to a hospital. The case settled before suit was filed and resulted in a substantial financial settlement and the termination of the nurse’s aide.
Psychiatric and Social Worker Malpractice
When John and Jane Doe were four and two years old, their father died suddenly and their mother, Mary Doe, began to experience serious mental health issues. Over the course of the next several years, Mary Doe was hospitalized numerous times and treated with an outpatient psychiatrist, social worker and family social worker. Over that same time period, she was horrifically physically, emotionally and sexually abusing John and Jane. The health care professionals involved never took steps to protect the children, or have them removed from her care. The case resulted in significant settlements prior to trial against the family social worker and psychiatrist and a $7.5 million judgment after trial in state court against the mother’s social worker.
- Three children with significant disabilities were abused by their teacher over the course of several years. A new classroom aide produced a written diary of this abuse, leading to the firing and ultimate criminal prosecution of the teacher. Civil suit was brought against various school administrators and entities for failing to properly respond to earlier reports of abuse by the teacher. After two weeks of trial, the case settled for $1.5 million.
- Two children with autism were repeatedly restrained as part of a purported “behavior modification” plan. The plan including “floor restraints” where the students were pinned face down on the floor for uncooperative behavior. Both matters settled after suit was filed in federal district court.
- Children with autism spectrum disorders were placed with an inexperienced and unqualified teacher who reluctantly took over the children’s classroom. The teacher pushed, dragged and otherwise manhandled one student, resulting in physical injuries to him as well as emotional trauma to him and his classmates. The case settled during administrative proceedings prior to filing suit in state or federal court.
- A young child was severely burned in a house fire that was caused when a heating appliance ignited a couch. The case settled for a confidential amount after extensive discovery revealed that the appliance was not equipped with adequate safety devices and had not been properly inspected during a service call shortly before the fire.
- A toddler was badly scalded when he climbed into the bathroom sink and turned on the hot water. The family’s heating company had shortly beforehand raised the temperature of the hot water above the level proscribed by the state sanitary code. The toddler has undergone extensive medical treatments, including skin grafts, that will continue until adulthood. The heating company settled the matter at mediation.
- During the remodeling of a condominium building, an elderly resident tripped and fell on a tarp used by painters near the basement parking facility. The painter and management company settled the matter as trial was scheduled to begin.
- A resident of an elderly apartment complex fell after being struck by a closing elevator door. She broke her hip and was thereafter unable to live independently. The investigation revealed that the electric eye in the elevator had malfunctioned, causing the door to close immediately after opened, thereby not according sufficient time to safely exit the elevator. The management company and elevator service company settled after suit was filed.
- The plaintiffs, a mother and her five children, lost their husband and father, who was the belted front seat passenger in a minivan. The minivan went out of control during a lane change and left the road, rolling over four or five times. The suit alleged that the minivan was unstable and was not crashworthy, in that its roof structure failed to provide adequate protection to its passengers in the event of a rollover. The case settled for a confidential amount on the eve of trial.
- The plaintiff, a 20-year-old college student, suffered severe head injuries when the vehicle he was riding in was hit by another car. The suit alleged that the vehicle was not crashworthy in that its interior surfaces and rollbar were not protected with appropriate energy-absorbing padding. The case against the driver and the manufacturer of the vehicle were settled for a confidential amount after extensive discovery.
- A pedestrian, who was six months pregnant, was struck in the crosswalk by an airport shuttle van. Although her baby was unharmed, the pedestrian suffered a significant leg injury which left her with some permanent impairment. The matter settled prior to trial
- An elderly driver made a left turn into the path of an oncoming bicyclist. Although the bicyclist’s injuries did not initially seem significant, she later developed hip and neck problems that appeared related to the accident. Suit was filed and the matter settled for a significant amount in excess of the automobile insurance policy limits.