Injury and death resulting from medical errors is a national epidemic. (Medical News Today (2004)). The annual toll associated with medical errors is reportedly in the range of 98,000 deaths per year. (Journal of American Medical Association (1999)). Medicine errors alone injure 1.5 million people annually. (National Academy of Science (2006)).
Medical negligence claims require the understanding of complex medical issues. Claims against health care providers are among the most difficult and expensive cases we undertake. The plaintiff has to prove, through medical experts, that there was a violation of the standard of care owed the patient by the provider. The plaintiff also has to prove that a cause of the harm to the patient was the provider’s deviation from the standard of care. Both propositions must be established by expert testimony from health care witnesses of the same or similar specialty as the provider. This of course means that success in this area of the law is dependent upon the lawyer’s ability to consult with the appropriate experts.
Over the years, we at SKW have developed relationships with many medical experts in a vast number of specialty fields. In other words we know where to go to obtain the best team to prosecute your case.
(March 2012) Confidential settlement for failure to timely diagnose Merkel cell carcinoma in a 50 year-old woman. The physician discarded the tissue excised at biopsy rather than sending it to pathology. The cancer metastasized from her buttock to her inguinal lymph node.
(May 11, 2007), $1,000,000 settlement for failure to inform plaintiff of continual rise in PSA levels over 9 years in setting of HMO prostate cancer policies known as the “PSA project.” When ultimately referred to an urologist, the prostate cancer had metastasized to plaintiff’s bones. Plaintiff ultimately succumbed to the prostate cancer.
(June 2011) Confidential settlement for death of infant with compromised heart condition from administration of 10 times the ordered dosage of medication.
(July 2008) confidential settlement for a fetal death when doctor failed to recognize or treat dangerous cord presentation and low amniotic fluid.
(September 2004). $4,687,704.21 settlement after entry of a judgment and appeal for death of a patient as a result of hospital negligence.
(May 2001) $1,000,000 settlement for contracting CIDP from a tetanus shot given in the ordinary course of necessary medical treatment as a result of a motorcycle/deputy sheriff vehicle collision.