Aaronson Rappaport Feinstein & Deutsch, LLP’s Post

4/5/24 ARFD defense verdict in Westchester County involving claims of life-long injuries to a 3-month-old infant and demand in excess of 25-million dollars -------------------------------------------- For the second time in the last few months, I would like to thank a carrier for having the faith and courage to adopt an aggressive defense strategy, in this case to try a high-exposure matter involving an infant-plaintiff to verdict (the first trial in New York for this carrier). After a trial that began with jury selection in mid-March, followed by three weeks of aggressive prosecution at trial by plaintiff’s counsel, on April 5, 2024, I, along with my colleague Sara Silverhardt, were able to secure a defense verdict on behalf of a pediatric gastroenterologist  in Westchester County. Plaintiff claimed that there was a failure to consider an anorectal malformation (severe anal stenosis) and perform a digital rectal exam in a three-month-old infant, resulting in a 12-week delay in diagnosis causing alleged colonic neuropathy, and as a result the infant-plaintiff suffering a ‘loss of chance’ of regaining complete continence. It was claimed the infant-plaintiff would never achieve a ‘leak-free life’, would require life-long bowel management, up to three additional surgeries, and have lifetime psychological issues. The plaintiff asked for damages in excess of 25-million dollars. At trial, we were able to demonstrate that: the infant-plaintiff had other relevant congenital anomalies at birth associated with her condition, including a mega rectum and recto-vaginal fistula, and was unfortunately going to require lifelong bowel management regardless of timing of diagnosis; that the current bowel management was deficient and the reason for current motility issues; that the purpose of the pediatric GI visit was only for an upper-GI related issue, thus did not mandate the need for a digital rectal exam; that photographs taken more than two days after the subject visit were not probative of whether abdominal distention existed on the day of the visit. We, in conjunction with our collaborative co-defendant (representing a medical group for a separate pediatric visit), vigorously challenged all of plaintiffs’ experts, and presented well-credentialed experts to refute plaintiffs’ claims, including a world-renown pediatric surgeon, who operated on the infant-pliantiff and had never testified in court in his 40-year career. Following over three hours of summations by all parties, the jury was given the case late in the day on 4/4/24, and the following day, after approximately three total hours of deliberations, rendered a unanimous 6-0 finding of no liability as to our client, as well as a 6-0 finding of no liability as to the co-defendant medical practice. www.arfdlaw.com

Great result. Thank you to our clients and carrier for having the confidence in ARFD’s litigation strategy to allow for an aggressive litigation to fully exonerate the medical providers. --------------------------------------------------------------------------- ARFD obtains First Department reversal of a 41-page summary judgment denial, dismissing remainder of case on eve of trial!   The matter involved claims of improperly performed cosmetic and functional nasal surgery, and was very aggressively litigated over seven years. The lawsuit initially alleged eight causes of action, including fraud, and forgery, and sought punitive damages exposing the defendants to uninsured liabilities. The settlement demand was in excess of one million dollars.   Partner Lawrence W. Rosenblatt Rosenblatt and his team pushed back on these causes of action, getting four of them dismissed on a CPLR 3211 motion. At the conclusion of discovery, a summary judgment was filed to dismiss the remaining four causes of action sounding in medical malpractice, informed consent, breach of contract, and forgery. In a 41-page decision, the New York County trial court summarily denied summary judgment to all defendants on all causes of action. Mr. Rosenblatt lobbied the carrier to file an appeal and a Notice of Appeal was filed. The trial court scheduled trial for early 2024. Mr. Rosenblatt engaged his appellate partner Elliott Zucker to manage the appellate process.   While Mr. Rosenblatt and his team prepared for trial, Mr. Zucker perfected the appeal and pushed to have the matter argued before trial was to commence. Mr. Zucker then argued the appeal before the First Department, highlighting the weaknesses in both the plaintiff’s underlying claims, as well as the trial court’s decision. Following oral argument, and with jury selection three weeks away, Mr. Zucker moved the First Department for an emergent stay of trial, given the trial court would not adjourn the trial. Plaintiff opposed this application.   In what is a very rare occurrence, one week before jury selection was to commence the First Department granted ARFD’s application for a stay of trial pending its decision on the appeal. The following week, the First Department issued a decision fully reversing the trial court’s 41-page summary judgment denial. In doing so, it adopted almost the entirety of Mr. Zucker’s arguments.

Defense Counsel Permitted To Cross-Examine Plaintiff Concerning Statements Made In Pre-Accident Medical Records The issue in Graham v. Venetianer, 2024 N.J. Super. Unpub. LEXIS 819 (App. Div. May 8, 2024) is whether the trial court made an error in permitting plaintiff to be cross-examined concerning her prior medical history, as well as focusing on her pre-accident admissions in those records during the summation to the jury. Plaintiff was in an accident with the vehicle driven by the defendant on April 7, 2016. Following the accident, she treated for spinal injuries, resulting in spinal surgeries performed by a neurosurgeon in 2018 and 2019. The plaintiff had medical experts testify for her at trial, which did not include her family doctor, Dr. Linda Guirguis. However, on cross-examination, defense counsel questioned plaintiff about her prior medical history and confronted her with admissions and statements attributed to her about her pain and therapy regimen in Dr. Guirguis’s medical records. These records were never admitted into evidence. The trial court found that the defense’s cross-examination of plaintiff regarding her pre-accident medical treatment was proper. Upon appeal, plaintiff argued that she was unfairly prejudiced by defense counsel’s use during cross-examination of the pre-accident medical records. The Appellate Division concluded that the scope of plaintiff’s cross-examination, to the extent it focused on her medical condition prior to her 2016 accident, was permissible as an exception to the hearsay rule in that the statements were made to assist in her diagnosis. Yet another case illustrating the importance of truly understanding a plaintiff’s prior medical condition. We are excited to partner with so many defense firms in transforming a plaintiff’s medical records into powerful litigation tools!

🏥✨  Excited to share a recent success story showcasing the invaluable support Trivent Legal MDs offers to time and resource-constrained medical malpractice attorneys! 🚀⚖️  🔍 Explore our latest blog post detailing how we helped shape a successful case through precise deposition questions: 👉 Case Study: Trivent Legal MDs' Deposition Questions Support Attorneys Under Time Constraints Navigating medical malpractice depositions demands expertise and preparation. Trivent Legal MDs offers vital assistance, especially when time is tight. 🌟 Key Highlights: Expert Guidance: Our MDs provide invaluable insights for crafting compelling deposition questions. Case Example: Learn how we aided attorneys in a recent case involving surgical negligence. Precision Questioning: We tailor questions to each case's specifics, ensuring effectiveness. Positive Outcome: Our approach contributed to a successful case strategy. 🔍 Case Details: Patient Profile: Ms. XXXX, a 65-year-old with a complex medical history. Challenge: Complications during surgery led to her demise. Trivent Legal's Role: We identified negligence and countered expert opinions. Outcome: Our questions played a pivotal role in the case's success. 👉 Discover how Trivent Legal MDs goes beyond identifying negligence to support attorneys in medical malpractice cases. https://lnkd.in/evYS9Yug 📩  Reach out to Trivent Legal MDs for expert assistance with medical malpractice cases. Let's achieve legal success together! 🌟  #MedicalMalpractice #LegalSupport #ExpertiseInAction #TriventLegal #MedicalChronology #LegalServices #attorney #medicalopinion  #MedicalExpertise #attorneysatlaw #attorneygeneral #personalinjurylawyer #medicalrecordreview #attorneyproblems #MedicalExpertise

I wrote a few months ago about how I became a personal injury attorney, or more precisely came to not just accept it, but to be proud of the privilege it is to be one. https://lnkd.in/egYtPgr7. One of those is the idea that PI work is easy, less rigorous, or complex than other practice areas. There is some truth to that; some aspects of tort law may be less challenging than say ERISA, constitutional, or intellectual property law. However, this week reminded me of the bad rap PI gets, how much more challenging it is than folks realize. I love its consistent intellectual stimulation. As PI attorneys we learn multiple subjects involving many disciplines to build our case and deconstruct the other side’s. I break that into two parts. First, the subject matter involved in the liability aspect of PI cases. In one case, we learn how medical device companies satisfy industry standards concerning post-market surveillance. In another, we learn how a company “missed” safety signals because of a clinical study design, data analyses, and choices in statistical modeling. Hours later, we establish liability by learning electrical engineering in an electric shock case. We might end the day analyzing federal regulations to determine the standard of care in a nursing home facility. Not interested in utility pole maintenance and vegetation management practices, biomechanics, rubber degradation, or present value economic modeling? Tough shit, your client’s case depends on it, figure it out. The second body of knowledge we must digest involves grappling with complex medicine to resolve a central dispute over causation and the scope of injuries. So, we have to understand the science and medicine involved in each case. Anatomy and Physiology 101 is the reason I am not a doctor, but to serve our clients, I’ve had to study microbiology, neuroscience, nephrology, cardiology, and orthopedic medicine for example. All-nighters and multiple-choice guessing don’t work. We must understand these subjects to draft expert disclosures, to cross-examine prominent experts on the other side, and to communicate to a broad audience from Judges to Jurors, who themselves range from graduate degree-educated professionals to folks with a third-grade education, each with their own biases, like all of us have. Then like most other attorneys, we have to practice within a multilevel legal framework of substantive and procedural law. As I began to appreciate the complexity of PI law, I used to explain that it was like 4D chess, several interrelated levels of analysis all at the same time with constant compounding effects. Layer in: ethics/rules of professional conduct; strategy; client; staff, and project management; technology; research and writing; and soft skills like communication and interpersonal skills and the party is just getting started.

Operating Room Errors: How LawMD Uncovers the Truth Behind Surgical Mistakes Surgical errors can have devastating consequences, leading to unnecessary injuries and even death. But determining liability in the operating room isn't always straightforward. It requires a deep understanding of surgical procedures, medical standards, and potential complications. That's where LawMD excels. Our team of lawyer-surgeons has firsthand experience in the operating room. We know how surgeries should be performed, what safety protocols should be in place, and what can go wrong when these standards aren't met. When we investigate an operating room error, we can pinpoint the exact moment the injury occurred, identify why it was unreasonable, and demonstrate how the surgeon deviated from accepted safety standards. This comprehensive analysis allows us to build a strong case for liability, proving that the injury or death was avoidable. Regular practicing lawyers often lack the medical knowledge needed to fully understand the complexities of surgical procedures. They may struggle to identify the key issues and build a compelling case. LawMD's unique combination of legal and medical expertise gives us a significant advantage in operating room litigation. Our passion for justice drives us. We are dedicated to helping victims of surgical errors receive the compensation they deserve. If you or a loved one has suffered due to a surgical error, contact LawMD today. We will fight for your rights and ensure that those responsible are held accountable. Operating Room Error Lawyers (833) MY-LAWMD Transcript: When we talk about standard of care, we're talking about the action or inaction of a physician that actually ends up causing harm in a way that it shouldn't have happened. As a clinician, and as a lawyer, I can really get to the heart of that matter very quickly. Who better than LawMD to help you with your case? "Nothing in this video, or in links provided in the description of this video, constitutes legal advice or the practice of law. Nor does viewing this page form an attorney/client relationship between you and any Lawyer at LawMD. All visitors should consult with a qualified legal professional regarding their individual questions, needs, or issues that may be of concern. We are not responsible for any action taken by a reader based upon any information in this video. All of the content in this video is for general informational and educational purposes only." Operating Room Error Lawyers (833) MY-LAWMD #medicalmalpracticelawyer #doctorlawyer #medicalnegligence #wrongfuldeath #disabilityrights #birthinjurylawyer #medicallaw #medmal #justiceforpatients #LawMD

Fellow LDM Attorney Olivia McDowell and I recently obtained a defense verdict for our client in a medical malpractice case tried in Iowa. Plaintiffs alleged our family practice physician failed to take proper precautions when ordering a standing x-ray. Earlier that day the nurses had determined the plaintiff was a "high fall risk." She sustained a serous fracture and became critically ill in the months that followed. This outcome was teamwork at its best - Olivia was a wonderful trial partner. She handled both the opening statement and closing argument. Olivia skillfully and patiently managed the jury instructions. Together we prepared our client for the possibllity he would be called in Plaintiffs’ case. When this occurred his hard work paid off. He was poised, prepared and advocated for himself. He clearly explained how medicine often involves trading one set of risks for another. Wonderful work! Lamson Dugan and Murray LLP is an absolutely amazing place to try medical malpractice cases. Bright fun hardworking people who enjoy competing. Please consider joining us! Three quick observations: First, we successfully frustrated the plaintiffs' lawyers from jury anchoring during jury selection. Thank you Olivia! Second, we appreciate the partnership with our claims professional who allowed us to try the case and played such a vital role during trial. Finally, for the second trial in a row, we heard prospective jurors state our courts in Iowa are "broken." While interesting, it is my strong belief as trial lawyers this is not a narrative we should be perpetuating. In my experience it is simply not true. One of the rewarding things about trying cases in Iowa is that the vast majority of people take jury service so seriously. Our judge, court reporter and court attendant were prepared, knowledgeable, organized, and accommodating. This was my second medical malpractice jury trial in this courtroom in four weeks. We successfully tried both cases in about a week. That type of efficiency demonstrates the courts in Iowa are functioning very well. Something we should all be celebrating.

⚖️In the high-stakes Medico-legal space of 𝐓𝐫𝐚𝐮𝐦𝐚𝐭𝐢𝐜 𝐁𝐫𝐚𝐢𝐧 𝐈𝐧𝐣𝐮𝐫𝐲 (𝐓𝐁𝐈) 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧, where lives and future hang in the balance, having a meticulously crafted 𝐋𝐢𝐟𝐞 𝐂𝐚𝐫𝐞 𝐏𝐥𝐚𝐧 can make all the difference. Are you an 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 or a 𝐋𝐚𝐰 𝐅𝐢𝐫𝐦 seeking to amplify your legal argument and strengthen your case?⚖️ At Medilenz, our team of medical experts specializes in equipping you with Life Care Plans that outline the much-needed medical care and help you craft compelling legal arguments. 🔍Discover how strategic Life Care Plans meticulously crafted by Medilenz can transform medical insights into legal wins, empowering you to secure the just compensation they rightfully deserve. 🔍The Medilenz Advantage: Life Care Plans that Speak Volumes in Court Here’s how our Life Care Plans help you craft arguments that resonate with judges, juries and opposing parties alike: 🔷Narrative-Driven Detail We transform complex medical data into a clear and concise story of your client’s medical journey, making the impact of Traumatic Brain Injury (TBI) tangible and relatable. 🔷Future-Focused Insights Our team anticipates and articulates long-term needs, presenting a clear picture of persistent difficulties that necessitate fairness and justice. 🔷Hyperlinks and Bookmarks Every recommendation is anchored (hyperlinked and bookmarked) in current medical literature and standards of care. 🔷Customized Medical Care Roadmaps Our team crafts Life Care Plans, each tailored to individual prognoses, showcasing the unique care requirements that generic estimates often overlook. 🔷Financial Clarity By providing precise cost projections, we help quantify damages in a way that is difficult to dispute, streamlining settlement talks or trial presentations. 💡Did You Know? Attorneys leveraging comprehensive Life Care Plans report greater success in maximizing recoveries for Traumatic Brain Injury (TBI) clients. 🤝Let us collaborate on Life Care Plans that don’t just inform but persuade. Together, we will ensure that every Traumatic Brain Injury (TBI) story is communicated in a complete, compelling way and with the utmost care it deserves. Partner with Medilenz today: 📲 +1(215) 219-1388 +1(215) 268-6829 📧[email protected] 🌎https://medilenz.com 🎞https://linktr.ee/medilenz Are you interested in our 𝐀𝐈-𝐩𝐨𝐰𝐞𝐫𝐞𝐝 𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧𝐬? Please comment or send us a message. We will 𝐚𝐫𝐫𝐚𝐧𝐠𝐞 𝐚 𝐝𝐞𝐦𝐨. Dr. Badari Narayana T K #medilenz #medicalrecordsreview #TBILitigation #LifeCarePlans #medicalchronology #narrativesummary #PersonalInjury #DemandLetters #medicalexpertservices #masstort #masstortcaseevaluation #paralegal #paralegalservices #futurecostreports #plaintifffactsheet #expertsopinion #claim #attorneys

SERVICE BY EMAIL STRUCK OUT WITHOUT CONSENT Another Cautionary Tale When Serving Proceedings Under CPR   Warning to Solicitors. You must obtain your opponent(s) consent to serve by email otherwise it’s not deemed good service as confirmed by High Court in: Houda Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) Brief Background The claimant issued a claim on 2nd August 2021 for damages for alleged clinical negligence suffered at the hands of 3 defendants in relation to private surgery at King’s College Hospital on 1st August 2018. A lengthy pre-action protocol letter of claim was despatched to the defendants only a few days before the issue of the claim in the High Court due to the imminent expiry of the limitation period. Thereafter several extensions of time for service of proceedings were requested and approved by this court to enable the defendants to complete their investigations and prepare letters of response under the protocol. For further reading please click on my link below: https://lnkd.in/exa_-dzG

I enjoy writing, but I'm verbose. Takes me a fair amount of editing to be more concise. I just drafted this tome about being a PI attorney - https://lnkd.in/en7G7DgF - and hopefully I'll make time to scale it down. In the meanwhile, I turned to ChatGPT with a simple prompt - make this a concise LinkedIN post. Here are the results, pretty good, but there's no "me" in there. Pretty amazing though, took literally seconds to turn dozens of paragraphs and thousands of words into much better writing. "Reflecting on my journey as a personal injury attorney, I've come to deeply value the complexity and intellectual challenge this field presents. Contrary to popular belief, PI law demands a diverse skill set. Navigating liability in cases involves delving into multifaceted subjects - from medical device standards to electrical engineering, federal regulations, and more. Understanding diverse fields is essential; whether it's utility pole maintenance or biomechanics, it's all integral to building a case. Beyond liability, resolving disputes hinges on a grasp of intricate medical concepts. This requires immersion in various medical disciplines, from microbiology to orthopedic medicine. Yet, PI law isn't solely about legal expertise. It's a multidimensional game, involving strategic thinking, client management, and business acumen. Balancing the legal intricacies with running a practice is a constant juggle. And it doesn't end there. Post-case, there's the labyrinth of debtor/creditor law, subrogation, Medicare, Medicaid, and more. Ensuring the client receives compensation involves complex maneuvering within a legal framework that extends far beyond the courtroom. Despite its challenges, being a personal injury attorney has been transformative. It has honed my empathy, ethics, and compassion. I've grown personally and professionally, recognizing the privilege it is to serve in this role. I no longer shy away from saying 'personal injury.' Instead, I acknowledge its vital societal role and look forward to the changes it will drive for the betterment of humanity."