Video: Investigating Medical Malpractice
The process for investigating a medical malpractice claims involves the following steps:
- Gather a full and informed history from the family addressing their concerns and thoughts on what went wrong;
- Gather the complete medical records including film studies, if any;
- Review of the records and applicable medical literature by attorneys;
- Review of the records by a qualified physician practicing in the relevant areas on standard of care and causation;
- Final consultation with expert to review opinions;
- Signing of Affidavit of Merit by the Expert before case filing, for cases where medical malpractice is identified.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
FAILURE TO DIAGNOSE BOWEL OBSTRUCTION
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
FAILURE TO DIAGNOSE BREAST CANCER
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.