THE ONSTAD LAW FIRM
PERSONAL INJURY TRIAL LAW AUSTIN, TEXAS

An Experienced Texas Personal Injury Lawyer specializing in major injury and wrongful death cases

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Auto Accidents
Aviation Accidents
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Hospital Liability
Medical Malpractice
Premises Liability
Product Liability
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Wrongful Death

Onstad Blog

FIRST STEP IN A MEDICAL MALPRACTICE CASE

Jun 12

Written by: Rock Onstad
6/12/2011 10:06 AM

When medical malpractice occurs, the victim is not aware it is occurring because the victim is under anesthesia or is unaware of what is happening. In almost every instance of medical malpractice, there will be doctors (secondary treaters) who were not involved in the malpractice, but who at a later date treat the condition caused by the malpractice. Often times, secondary treaters make comments to the victim such as “I can’t believe he did that,” or “I would never have done it that way,” or words to that effect. The victim equates those word to mean that someone committed malpractice.

When a victim comes to me, the first question I ask is whether any of your treating doctors have told you that you were injured because a doctor or nurse did or failed to do something that was below accepted standards of care. Then I explain that just because a doctor makes comments about the care that seem to imply malpractice, that is not sufficient. The secondary treater is a fact witness and an expert witness. They are fact witnesses because they have examined the damage and treated it. They are experts because they know what the accepted standards of care are.

Most often the secondary treater refuses to criticize a colleague, even if they hold a strong belief that a colleague acted below accepted standards of care. If the secondary treater is not supportive of your case, he/she is likely to be supportive of the healthcare provider you may be intending to sue. A victim must directly and in person sit down with the secondary treaters, and learn at the outset just exactly what the secondary treater is going to say, if subpoenaed to trial and put under oath.

The victim will learn at the very beginning that the secondary treater is supportive of the victim’s case or supportive of the potential defendant’s case.

A check list of questions to get answered by the secondary treater are as follows:

1. Do you believe that any conduct of the doctor in providing treatment to me was below accepted standards of care?

2. If so, what acts or omissions on the part of the doctor were below such accepted standards of care.

3. Explain how such conduct caused my injury.

4. If my injury was preventable, what conduct on the part of the doctor would have prevented it.

5. Describe the nature and extent of my injury that was caused acts and omissions that were below accepted standards of care.

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VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

Gross Amount	Client Recovery	Attorney Fee	Expenses	Nature
$13,650,000	$8,055,000	$5,460,000	$135,000	Product Liability, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000	$6,320,064	$2,760,000	$119,358	Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000	$4,473,334	$2,266,666	$60,000	Premises Liability, Brain Injury, Water Park Slide (settlement)
$4,980,000	$2,437,000	$2,490,000	$53,000	Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$4,300,000	$309,000	$138,000	$13,000	Pilot Negligence, Airplane Crash, Wrongful Death (jury verdict)
$3,850,000	$2,373,000	$1,425,000	$52,000	Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,500,000	$2,028,000	$1,400,000	$72,000	Product Liability, Defective Pick-Up, Spinal Cord Injury (settlement)
$3,235,000	$2,361,250	$808,750	$65,000	Brain Injury, Federal Tort Claim, FAA Negligence (verdict) affirmed on appeal
$3,000,000	$1,724,000	$1,200,000	$76,000	Neurosurgeon Malpractice, Cauda Equina Syndrome (settlement)
$2,950,000	$1,731,000	$1,180,000	$39,000	Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
$2,900,000	$844,000	$694,000	$26,000	Auto Accident, Spinal Injury & Ankle Injury (jury verdict/settlement)
$2,800,000	$1,864,667	$924,333	$12,000	Premises Liability, Hotel Fire, Wrongful Death (settlement)
$2,500,000	$1,644,667	$833,333	$22,000	Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,300,000	$1,399,000	$960,000	$41,000	Medical Malpractice, Anesthesia, Brain Injury (settlement)
$2,300,000	$1,091,000	$920,000	$59,000	Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,200,000	$1,321,000	$733,333	$44,000	Cerebral Palsy, Medical Malpractice, Preeclampsia (settlement)
$2,200,000	$1,267,000	$880,000	$53,000	Construction Negligence & Insurance Bad Faith, Spinal Injury(settlement)
$2,200,000	$1,191,000	$880,000	$129,000	Product liability, subdural hematoma
$2,100,000	$1,462,334	$557,666	$80,000	Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000	$1,303,334	$666,666	$30,000	Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000	$1,106,887	$800,000	$93,111	Radiologist Malpractice, Brain Catheterization, Brain Injury (settlement)
$2,000,000	$976,484	$976,482	$47,034	Obstetrician Malpractice, Forceps Delivery, Brain Injury (settlement)
$2,000,000	$972,331	$972,669	$55,000	Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,900,000	$905,000	$950,000	$45,000	Clinic Failure to Supervise Impaired Physician, 4 Injured (settlement)
$1,900,000			$73,000	Pilot Error, Helicopter Crash, Wrongful Death (jury verdict-no insurance coverage)
$1,860,000	$978,518	$645,000	$137,480	Neurosurgeon Malpractice, Infection, Cauda Equina Syndrome (settlement)
$1,700,000	$1,130,730	$565,363	$3,907	Product Liability, Defective Refueling Coupling, Burns (settlement)
$1,500,000	$847,000	$600,000	$53,000	Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
$1,425,000	$900,310	$457,571	$67,119	Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000	$848,221	$503,552	$51,227	Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000	$718,689	$560,000	$130,522	Neurosurgeon Malpractice, Infection, Brain Injury (jury trial & settlement)
$1,400,000	$818,000	$560,000	$22,000	Auto Trucking Accident, Spinal Injury (settlement)
$1,300,000	$718,689	$520,000	$26,000	Hospital Newborn Nursing Negligence, Visual Impairment (settlement)
$1,300,000	$285,000	$250,000	$33,189	Emergency Room Malpractice, Wrongful Death (jury verdict and settlement))
$1,237,000	$718,689	$400,000	$30,000	Cardiologist Malpractice, Brain Injury (settlement)
$1,200,000	$659,879	$395,666	$144,455	Prolapsed umbilical cord, Hospital Obstetrics Negligence
$1,167,000	$594,086	$417,000	$72,513	Emergency Room Negligence, Heart Attack, Wrongful Death (settlement)
$1,150,000	$727,667	$383,333	$39,000	Obstetrician Malpractice, Group B Strep, Cerebral Palsy (settlement)
$1,111,000	$594,933	$444,400	$71,623	Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000	$770,000	$440,000	$25,996	Radiologist Malpractice, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000	$532,715	$478,991	$48,810	Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000	$630,000	$333,000	$36,000	Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
$1,000,000	$566,116	$400,000	$33,884	Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000	$477,500	$477,500	$45,000	Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement)