Archive - Medical Malpractice

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April 5, 2013

Medical Standard of Care Case

Craig L. McIvor, Deborah A. Severson, and David M. Norman won a defense verdict in Anderson v. Hamon, a medical malpractice case.  Plaintiff was visiting Seattle from Hawaii, and had been diagnosed with sinusitis six weeks before his lone encounter with Dr. Hamon.  He complained of ongoing headache and other symptoms.  No neurological abnormality was found, and Dr. Hamon concluded that plaintiff’s earlier sinus infection had not fully resolved.  He prescribed antibiotics and pain medication. The next day, plaintiff’s brain herniated and he was airlifted to Harborview.  A CT scan revealed a large brain abscess, requiring two craniotomies for drainage.  Plaintiff argued that Dr. Hamon fell below the standard of care by not referring him for an immediate CT scan, which would have revealed the brain abscess and resulted in surgery before his brain herniated.  Plaintiff suffered significant brain damage, including blindness and hemiparesis.   After a hard-fought, three-week jury trial in Kitsap County, the jury returned a defense verdict.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Surgical Complication Negligence Case

Craig L. McIvor and Dan J. Von Seggern won a complete defense verdict in Rupnick v. Wright, a medical malpractice case.  The plaintiffs alleged that Dr. Wright was negligent in his care of   Ms. Rupnick following a 2005 laminectomy.  They alleged that Ms. Rupnick suffered permanent nerve damage because she was not taken back for additional surgery within 48 hours after the laminectomy and that he had failed to inform her of a surgical complication.  After a two-plus week trial, the jury deliberated less than three hours and  returned a verdict that Dr. Wright was not negligent.

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Consumer Protection Act, Discrimination

Sherry H. Rogers and David M. Norman obtained summary judgment of dismissal in Johnson v. Fertility Clinic, Inc.  Plaintiff brought 14 claims against Sherry and David’s clients, including medical malpractice, violation of the Consumer Protection Act, discrimination, and assault and battery, among others.  Sherry and David moved for summary judgment on all claims, and obtained dismissal as to all but the assault and battery claims.  After the defendant doctor passed away, Sherry and David moved for summary dismissal again under the Dead Man Statute, which  renders the oral testimony of an interested witness regarding a deceased person incompetent in an action brought by or against the estate of the deceased. The court granted this motion, dismissing the remainder of plaintiff’s case.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Medical Malpractice Action

Joel E. Wright and David M. Norman obtained a voluntary dismissal with prejudice in Foley v. Physical Therapist Company. Joel and David sought summary judgment dismissal of the plaintiff’s medical malpractice action, while simultaneously pursuing sanctions for the plaintiff’s discovery violations.  The court granted the sanctions motion.  In response, the plaintiff voluntarily dismissed his case with prejudice, and paid a reduced sanction amount through a stipulated judgment.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Assault by Another Patient

Sherry H. Rogers and David M. Norman won a defense jury verdict in a medical malpractice action Metje v. Cascade Emergency Physicians, Inc., P.S. Plaintiff was pregnant, and sought care at the Emergency Department of Auburn Regional Medical Center (ARMC) for abdominal pain.  She was assaulted in her hospital room by another patient, John Doe, who was schizoaffective. A physician from Sherry and Dave’s client had evaluated Mr. Doe when he arrived at the hospital. Plaintiff suffered a miscarriage approximately a month later. She brought suit against the hospital and Cascade, alleging negligence for not adequately protecting her from the criminal actions of Mr. Doe. Plaintiff sought $2.4 million in damages. The hospital settled with plaintiff a week before trial. Virtually every aspect of the trial was bitterly contested; the trial proceedings were marked by near-daily motions, responses, and evidentiary conflicts. After deliberating for approximately five hours, the jury found that Cascade’s physicians were not negligent and returned a defense verdict.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Nursing Home Medical Battery Claim

Sherry H. Rogers and David M. Norman obtained a dismissal in two cases. In a medical-battery claim against a nursing home, Serrano v. Aureus Nursing, police escorted plaintiff from her home after she made suicidal threats while intoxicated. She was involuntarily taken to the hospital for a mental-health evaluation. She refused to blow into a breathalyzer, became agitated and violent, and tried to seclude herself in her room. When hospital staff intervened, she slapped a security guard. A nurse ordered that plaintiff be put into four-point restraints. Plaintiff sued the hospital and the nurse, Sherry and David’s client, and others for medical battery, outrage, and civil rights violations. After Sherry and David moved for summary judgment, plaintiff’s counsel stipulated to voluntary dismissal with prejudice of all claims.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Wrongful Death Medical Malpractice Case

In Delay v. Marcereau, a wrongful-death medical-malpractice case, Sherry H. Rogers and David M. Norman obtained a voluntary dismissal claims. Plaintiff’s mother died from complications of a bowel obstruction while hospitalized. Plaintiff sued the hospital, the radiologist, the hospitalist, and the emergency room physicians. Sherry and David sought summary judgment of dismissal on behalf of one of the emergency room physicians. They argued that their client did not assume a duty of care for the deceased beyond the limited emergency care he provided for her, that plaintiff lacked an expert witness to establish that the doctor was negligent, and that plaintiff could not prove a lack of informed consent, which is implied as to healthcare rendered in emergency situations. Rather than respond to the motion, counsel for plaintiff stipulated to an order of voluntary dismissal with prejudice.

Lee Smart attorneys have extensive experience in the Areas of Practice shown to the right. Click on one to learn more about our expertise and our attorneys in that practice.

Surgeon’s Alleged Negligence Defended

Craig L. McIvor and David Norman won summary judgment of dismissal for a surgeon in Germeau v. Hennessey. Plaintiffs sued for medical malpractice, alleging that surgeons were negligent in their care of an elderly patient who later died from complications of surgery. Craig and David moved for summary judgment on behalf of the doctor who performed the surgery, plaintiffs did not file a response, and the court dismissed all claims against the surgeon with prejudice.

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