How to Successfully Settle a Medical Malpractice Claim

Jane Doe (not her real name) went to an emergency room with the worst headache of her life. She was examined by the emergency room doctor, who failed to discover that she had a brain hemorrhage.

Jane's headache continued, so she went to her family doctor two days later. Her family doctor also failed to diagnose the brain hemorrhage, but scheduled a CAT Scan for a few days later. By the morning of Jane's CAT Scan, her brain hemorrhage had caused partial blindness in both halves of her eyes (similar to "tunnel vision").

If  Jane would have been diagnosed properly when she first presented to the emergency room and/or her family doctor, she may not have suffered the loss of vision.

Brown & Szaller retained three medical experts:

• A local, board-certified emergency room doctor;
  

• A neurosurgeon;
  

• A local general practice physician.

The experts testified that the defendant doctors were careless in  failing to order an emergency CAT Scan which would have shown the hemorrhage.

Our law firm also retained Medical Legal Graphics to prepare several large diagrams for the jury which showed what Jane now sees, compared with what a person with normal eyesight sees.

Since Jane is now permanently disabled and unable to work, the law firm also retained a renowned economist, John F. Burke, Ph.D., who testified about Jane's reduced earning capacity.

Faced with the reports of the plaintiff's experts, the defendant doctors settled Jane's case just before it proceeded to trial.

Jane's lawyers successfully resolved her claim because she presented her case to Brown & Szaller shortly after it occurred, and the lawyers retained the appropriate experts to present the case accurately and efficiently.