How We Helped
When our client first called, she reported she had hired a lawyer already, that they had reviewed her medical records, and that they said she didn’t have a case. They told her she’d have to find a new lawyer. This admittedly happens from time to time, but this lawyer had sat her her file for years and the office dropped this bomb on our client’s lap just weeks before her statute of limitations ran. (Moral of the story – always hire an experienced medical malpractice attorney!) We jumped into gear, gathering her records and engaging an obstetrician to review the case. His opinion was that this was a clear case of medical negligence. The primary care doctor should have either referred the patient to someone who knew what they were doing, or they should have recognized our client was having an obstetric emergency and rushed her to get an ultrasound. Our client’s tragedy was entirely preventable. The doctor was employed by the United States, so we immediately initiated proceedings under the Federal Tort Claims Act.
Justice At Last
When this dispute was filed in Federal Court, the United States put up a fight. The lawyers issued subpoenas to every doctor our client had ever seen. Finally, it came time for what we call Expert Disclosures. We disclosed to the United States a report prepared by our obstetrician that detailed all the ways our client had been failed. The US had 30 days to respond with their own expert’s report. We expected that they would find someone who was willing to twist the facts in some sort of way to blame our client. Shockingly, the US couldn’t find ANY doctor to defend what the doctor had done to our client. The US quickly agreed to mediate the case and offered a seven figure settlement. This is life-changing money for my client. She can now afford to pay for a surrogate or to pursue adoption. More importantly to our client, the doctor very graciously admitted the mistakes and provided my client with evidence that will make sure this mistake is never repeated in the facility where my client was treated.