Professional Liability (Medical)
Contacts:
- Louis A. Varchetto
- 630.384.3120
- Marcelline DeFalco
- 630.384.3127
MRV attorneys have an exceptional track record in defending medical and dental malpractice cases and related matters. We have successfully defended physicians, dentists, allied health care professionals, nursing homes, hospitals, medical practices and other institutional health care providers in a wide variety of negligence cases. MRV attorneys have litigated complex medical malpractice cases alleging catastrophic injuries such as spastic quadriplegia and shoulder dystocia during the birth process, brain damage from anoxic injury and death. Our attorneys have represented health care professionals in virtually all specialties. In addition, MRV has successfully defended hospitals, nursing homes and other long-term care facilities in cases alleging negligent nursing care, medication errors, patient abuse, patient elopement and MRSA infections.
Our attorneys understand the devastating impact a malpractice case has on the health care provider, irrespective of the merits of the case. As such, MRV treats its client professionals with kindness, respect and understanding. We recognize the need to keep the insured informed, as well as the benefit of drawing on the knowledge and experience of the insured as a valuable member of the defense team.
One of the unique aspects of the service provided by MRV is the ability to represent professionals in matters pending before the Illinois Department of Financial and Professional Responsibility (IDFPR). When a settlement or payment of a judgment occurs on behalf of a doctor or dentist, the IDFPR investigates and can pursue sanctions against that professional’s license. MRV regularly represents physicians, dentists and other health care professionals on matters being investigated by and complaints filed on behalf of the IDFPR.
We also understand the importance of educating health care professionals in an effort to manage risk and prevent malpractice claims. As a result, MRV attorneys regularly speak at seminars attended by physicians, dentists and other health care providers.
Representative Cases
Obtained verdict in favor of orthopedic surgeon at trial where it was alleged he failed to provide prophylactic pharmacological anticoagulation therapy (low molecular weight heparin) following open reduction, internal fixation surgery for ankle fracture. Plaintiff alleged his decedent died as result of pulmonary embolism that would not have occurred if she were on low molecular weight heparin. The defense of the orthopedic surgeon included that it would have been a violation of the standard of care to use low molecular weight heparin in plaintiff’s decedent because she had no risk factors for the development of pulmonary embolism.
Defended pain management physician at trial against allegation that he failed to notify the primary care physician of an episode of incontinence reported to him by the nursing staff in a patient who was admitted to the hospital for intractable back pain. While the jury returned a verdict for plaintiff, it was less than the amount of money paid by the hospital, which had settled prior to trial, resulting in no payment made on behalf of the defendant physician.
Successfully defended obstetrician at trial involving a stillbirth where it was alleged that he failed to perform prenatal testing recommended by a maternal/fetal medicine physician. The plaintiff alleged had the testing been performed, the results would have prompted the defendant to deliver the fetus early. The defense included testimony from a pathologist who confirmed the fetus died as a result of a placental “infarction” that was neither predictable nor preventable.
Successfully defended ophthalmologist who allegedly failed to diagnose a retinal tear or detachment in plaintiff’s eye during two separate office visits. The defense argued plaintiff did not have a retinal tear, rather was suffering from corneal “dry eye syndrome” and subsequent retinal tears occurred as the result of an automobile accident.
Defended general surgeon at trial in a case involving the death of a six-week-old infant occurring during the induction of general anesthesia in preparation for surgery to repair an incarcerated inguinal hernia. Factual issues existed as to what information was communicated among the various defendants regarding when the infant was last fed, either by his mother or by the emergency room physician, in an effort to relax the infant so the hernia could be reduced. The defendants agreed to admit liability and try the case solely on this issue of damages to eliminate testimony regarding the factual disputes. The jury verdict was less than half of plaintiff’s last settlement demand.
Successfully defended cardiologist at trial against allegations he negligently failed to discontinue plaintiff’s anticoagulant Coumadin when it was no longer medically indicated. The defendant physician felt the need for Coumadin (to prevent embolic stroke) outweighed the risk of the anticoagulation medication. The defense argued the standard of care both permitted the use of Coumadin or the discontinuation of Coumadin in the given circumstances and it was the physician’s judgment as the best management of the patient.
Obtained verdict in favor of defendant emergency department physician where it was alleged he improperly inserted a gastrointestinal tube (feeding tube) in a patient with end stage multiple sclerosis. Plaintiff alleged the physician used a stylette to reinsert the tube, resulting in a perforation of the stomach wall leading to the extravasation of feeding materials, infection, sepsis and death. The defense included not only that the physician complied with the standard of care, but also the gastrointestinal tube was not in the same location as it had been when placed by the defendant, and the infection was not due to a perforation in the stomach, but rather a bowel perforation.
Successfully defended orthopedic surgeon at trial where it was alleged the multiple spine surgeries performed by the defendant caused plaintiff to suffer “failed back syndrome.” The defense demonstrated that the plaintiff’s symptoms, which were different prior to each surgery, were resolved following surgery. The defense further demonstrated plaintiff’s most recent problems were new and never previously experienced and the result of a herniated disc that occurred during a subsequent fall.