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Achieving Justice & Compensation

A client sought our help after suffering serious complications from a routine surgery, which resulted in severe infections due to negligence in sterilization protocols. The medical facility and the surgeon denied responsibility, leading to mounting medical bills and emotional distress for the client.

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Arguments by Defense

Denial of Negligence: The defense argued that all standard medical procedures were followed and that the infections were a rare but known risk of surgery, not the result of negligence. Blaming the Patient: The opposing counsel suggested that the client’s post-operative care contributed to the complications, implying that the client did not follow medical advice properly.

Challenging Damages: The defense contested the extent of the damages claimed, particularly the need for future medical treatments and compensation for emotional distress.

Challenge

Proving Negligence: Establishing that the medical team failed to adhere to sterilization protocols required in-depth medical analysis and testimony from leading experts.
Overcoming Patient Blame: We needed to counter the argument that the client’s actions post-surgery contributed to the complications, which required careful examination of the medical records and client’s adherence to post-op instructions.
Quantifying Emotional Distress: Accurately measuring and justifying compensation for the emotional toll the malpractice took on the client was a complex task.
Solutions

Detailed Medical Review: We collaborated with expert witnesses who provided authoritative testimony that the sterilization protocols were indeed breached, directly leading to the client’s severe infections.

Post-Operative Adherence: We collected evidence that showed the client followed all medical advice post-surgery, effectively countering the defense’s blame-shifting tactics. Comprehensive Damage Assessment: We worked with medical and psychological experts to quantify the full impact of the malpractice, including future medical needs and the significant emotional distress experienced by the client.

Results

Successful Settlement: We secured a settlement that covered all the client’s past and future medical expenses, along with substantial compensation for pain, suffering, and emotional distress.

Justice and Peace of Mind: The client not only received the financial compensation needed but also felt a sense of justice being served, allowing for emotional healing and peace of mind.

Case details