PROFESSIONAL LIABILITY (DENTAL, MEDICAL, LEGAL MALPRACTICE)
REPRESENTATIVE CASES
- Elder abuse case where Defendant provided 24-hour home care to 97-year-old woman. A fall occurred in the home and a concussion and fractured femur were sustained. Hospitalization followed, the medical condition deteriorated and the woman died approximately 1 month later. Service agreement with the defendant specified constant attention was necessary as decedent was known fall risk. Defendant’s Caregiver left decedent’s side for a number of minutes prior to the fall and upon return found decedent on the floor. Suit was filed by Decedents’ estate and heirs. Causes of action included elder abuse, negligence breach of contract and wrongful death. Defendant argued there was no breach of the standard of care and decedents medical condition was so comprised that she would have died within a few months in any event.
- Medical malpractice case where Plaintiff had her gall bladder removal by defendant. The bile duct was clipped during the procedure and plaintiff developed sepsis. Plaintiff underwent 5 subsequent repair surgeries and was left with permanent stomach scars, fatigue and weakness. Plaintiff could no longer perform routine household duties or participate in activities with her husband. Defendant argued plaintiff’s injuries were a risk of the procedure and damages not as extensive as alleged by plaintiff.
- Wrongful death case involving a four-year-old boy. Allegations of failure to appropriately monitor and treat while under conscious sedation . Defense contended standard of care was followed and death not related to treatment.
- Wrongful death of 68-year-old man arising out of wisdom tooth extraction. Plaintiff suffered anoxic brain injury and cardiac arrest. Also alleged 16-minute delay in calling 911. Defense argued no medical causation, treatment was appropriate.
- Medical malpractice claim arising from alleged failure to diagnose cancer on pathology report. Plaintiff, age 52, alleged cancer was treatable if timely diagnosed but now fatal within the next 2 to 3 years. Significant past and future loss of earnings alleged. Defense contended no causation and that plaintiff would not have a different outcome even if diagnosed earlier.
- Arizona case arising from root canal overfill wherein it was alleged calcium hydroxide extruded through the canal and into the inferior alveolar nerve, causing permanent pain. Plaintiff also claimed lifetime of prescription pain medications. Defendant argued no breach of the standard of care and contested nature and extent of damages.
- 40-year-old male alleged severe dysesthesia (pain) (10 out of 10) following wisdom tooth extraction injuring both the lingual and inferior alveolar nerves. Plaintiff alleged injuries were permanent requiring a lifetime of prescription pain medications which was only slightly effective. Plaintiff claimed he could no longer work as a result of the pain and alleged loss of income, accordingly. Multiple defendants contested liability and extent of damage claims.