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Onstad Blog

MEDICAL MALPRACTICE CASES IN TEXAS

Jul 30

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7/30/2011 11:18 AM  RssIcon

 

            A “bad result” can occur in the best of circumstance with no negligence or malpractice involved. However, a “bad result” is prerequisite for a meritorious medical malpractice case. To be successful in recovering damages to compensate the victim for damages, the victim must prove the following:
 
·         The bad result was caused by the negligence of a doctor, nurse or hospital. Negligence is conduct that is beneath accepted standards of care;
 
·         That the doctor, nurse or hospital’s negligence caused the bad result;
 
·         That the bad result has caused damages; and
 
·         That the doctor, nurse or hospital has sufficient insurance or assets to pay for the damages.
 
            Proving those elements requires expert opinion testimony from qualified experts in the particular field of healthcare. Finding such qualified experts to evaluate the case and who are willing to assist is difficult and expensive. The rules that govern such expert opinion testimony and reports if very complex and not well understood by many attorneys who attempt to handle such cases, as evidenced by the large number of appellate court cases dismissing claims because of a technical failure on the part of the attorney.
 
            There are very complex and misunderstood rules for giving notice of a claim, in providing proper medical authorizations, and the statute of limitations.
 
            Informed consent forms signed by patients before they undergo a procedure may be a big hurdle to overcome. Before any procedure, a patient is usually required to sign a consent form, which lists about every bad result that is known to occur in connection with the procedure. The thrust is that the patient voluntarily undertakes the risk of many types of bad results, ranging from death, paralysis, nerve damage and more. This is very important, because a defendant doctor will defend the case on the basis of the victim’s voluntarily undertaking the risk and acknowledging that such bad results can occur if the doctor does everything perfectly.
 
            Other issues in bringing a malpractice case include caps on non-economic damages, statute of limitation issues, and dismissal of claims because of failure to comply with the requirements regarding expert reports. I will address those issue in subsequent blogs.

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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, Apache Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358     Product Liability, Defective Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000     Premises Liability, Brain Injury, Water Park Slide (settlement)
$5,000,000 $3,662,224 $1,250,000 $87,775     Obstetrical negligence, cerebral palsy, Federal Tort Claim Act case (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000     Obstetrical Negligence, Fetal Asphyxia, Cerebral Palsy (settlement)
$4,300,000 $309,000 $138,000 $13,000     Pilot Error, 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, Design Defect, 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     Neurosurgical 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)
$2,500,000 $1,400,000 $1,000,000 $100,000     Product Liability -- crashworthiness - roof crush - spinal cord injury
$2,300,000 $1,399,000 $960,000 $41,000     Anesthesiologist Negligence, Brain Injury (settlement)
$2,300,000 $1,091,000 $920,000 $59,000     Product Liability, All Terrain Vehicle, Spinal Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000     Cerebral Palsy, Obstetrical 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 (settlement)
$2,183,796 $1,426,334 $557,666 $163,796     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 Negligence, Brain Catheterization, Stroke (settlement)
$2,000,000 $976,484 $976,482 $47,034     Obstetrician Malpractice, Forceps Delivery, Cerebral Palsy (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 Negligence, Infection, Cauda Equina Syndrome (settlement)
$1,700,000 $1,130,730 $565,363 $3,907     Product Liability, Defective Design, 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 Negligence, Infection, Brain Injury (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000     Auto Trucking Accident, Spinal Injury (settlement)
$1,350,000 $926,394 $370,835 $52,769     Wrongful death. Unnecessary hysterectomy (settlement)
$1,300,000 $718,689 $520,000 $26,000     Neonatal Nurse Negligence, Visual Impairment (settlement)
$1,300,000 $285,000 $250,000 $33,189     Emergency Room Negligence, Wrongful Death (jury verdict and settlement))
$1,237,000 $718,689 $400,000 $30,000     Cardiologist Negligence, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455     Prolapsed umbilical cord, Labor Nurse Negligence (settlement)
$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 Negligence, 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 Negligence, Failure to Diagnose Breast Cancer, Death (settlement)
$1,100,000 $639,000 $406,000 $54,000     Emergency Room negligence, wrongful death, heart attack
$1,100,000 $639,000 $406,000 $54,000     52 year old male presented to hospital emergency depart by ambulance suffering from aortic stenosis. He was cursorily evaluated and dismissed. He later died from the effects of the aortic stenosis
$1,060,000 $532,715 $478,991 $48,810     Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
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