Medical Malpractice
Medical Malpractice claims are difficult for all parties, including the doctors who are being sued, the patients who suffer from a perceived bad outcome or injury, and the insurer who may be responsible for extremely large settlement payments. Many Medical Malpractice claims are extremely complex and require a great deal of experience and proper medical analysis to get to the truth and evidence that can lead to a resolution. TPN assists clients with difficult Medical Malpractice claims involving:
- Contralateral surgical errors
- Medical device failures
- Prescription complications or errors
- Surgical cases
- Emergency room evaluation/treatment
- Diagnosis errors
- Diagnostic testing
Many of these claims need a thorough review and analysis by medical experts in the appropriate fields to determine if the doctor is negligent for substandard care at the time the medical services were provided, if perhaps another party is responsible for the outcome, if the outcome was covered under proper informed consent as well as the extent of the injury resulting from any substandard care. TPN answers critical questions that can impact the claim outcomes and indemnity payments, including:
- Was there informed consent by the patient?
- Did the patient understand the outcomes and issues that could arise?
- Was the outcome considered by the medical community to be a common occurrence for the particular procedure at the time of the procedure?
- Is the doctor being sued the actual responsible party for the outcome?
- What did the healthcare provider know or should have known about the patient’s medical history at the time the malpractice allegedly occurred?
- Did the knowledge of the patient’s medical history or lack thereof play a role in the less than desired outcome?
Client Success
Challenge
TPN was asked to review a potential medical malpractice case involving a middle-aged, obese patient who went to the emergency room of a local hospital complaining of left shoulder and left upper back pain. The ER records revealed that the patient saw an ER doctor who reported that the patient was also short of breath and appeared anxious. The ER doctor told the patient to make an appointment with an orthopedist in the morning. The patient went home and later that night was transported by ambulance to another nearby hospital where the patient suffered a massive heart attack and later died. TPN was asked by the client to investigate whether the ER physician was negligent in their care of the patient and the heart attack could have been avoided.
Solution
TPN performed a review of the emergency room and ER doctor reports and was able to determine that the ER doctor’s record from the first hospital visit was incomplete. TPN identified critical missing documents and helped obtain them from the hospital for our client, enabling TPN to conduct a thorough analysis of the case.
Results
The missing records clearly showed that the triage nurse followed proper evaluation standards, including heart rate and pulse recordings, and noted on the triage sheet “appears to be MI”. These records allegedly were not reviewed by the ER physician. It was determined that the physician violated standard of care protocols and misdiagnosed the patient. The heart attack could have been prevented if the ER physician had read the triage nurse’s notes and acted upon them. TPN was able to establish that the ER physician provided substandard care, enabling our client to settle the claim quickly without the need for a lengthy and costly trial.
If you have a medical malpractice claims that cannot be resolved, get a FREE consultation from TPN and we will recommend the forensic claim services we can provide to help you uncover the facts and evidence to resolve the claim.