Medical Malpractice

Secured a unanimous defense verdict in a medical malpractice wrongful death case.

Obtained defense verdict in favor of a radiologist in a case involving an alleged negligent interpretation of a chest CT scan. 

Secured a defense verdict for an OB/GYN in a case involving multiple claims of medical negligence, lack of informed consent, battery, and punitive damages.

Secured a unanimous defense verdict for a foot and ankle orthopedic surgeon in a case involving an ankle fusion surgery.

Sixth District unanimously affirmed jury trial verdict in favor of physicians and overruled objections as to alleged hearsay evidence and cumulative errors in 63-page opinion.

Plaintiff was hospitalized for approximately six weeks in 2021 after becoming infected with COVID-19 and suffering severe complications from the virus. During his hospitalization, which required immobilization and use of a ventilator, the Plaintiff developed a severe pressure injury on his buttocks. As a result, he alleged that he received negligent medical care and treatment from his numerous medical providers. However, the trial court, and the Indiana Court of Appeals, determined that the medical providers were immune from liability under both Indiana and federal statutes because Plaintiff was receiving certain medical treatment in response to, arising from, or related to the Covid-19 public health emergency. 

Plaintiff sued our client, a contract optometrist, for the Indiana Department of Correction, for delaying treatment of his eye infection and getting him prescription eyeglasses in violation of the Eighth Amendment. Without eyeglasses, Plaintiff is legally blind.  While Plaintiff did have an eye infection at one point, any evidence that the doctor knew about it was deemed inadmissible and thus there is nothing he could have done about it. Similarly, while there was delay in getting him eyeglasses, it was established that the doctor was only involved in preparing the prescription as opposed to order and procuring the eyeglasses. The Court granted summary judgment to our client by concluding there was any genuine issue of material fact as to whether our client was deliberately indifferent to Plaintiff’s serious medical needs.

The Second District Court of Appeals upheld a favorable defense verdict and overruled objections that the trial court failed to strike prospective jurors for cause and improperly seated two substitute jurors.

Motion for summary judgment granted in a slip and fall case at a medical facility.

Defended physician against wrongful death claim. The Court granted motion to dismiss on statute of limitations grounds. 

Obtained unanimous defense verdict in favor of an anesthesiologist. Plaintiff alleged that an anesthesia block was negligently performed in relation to a wrist surgery and as a result the Plaintiff sustained a permanent injury to his Phrenic nerve. 

Obtained an 8-0 defense verdict in favor of a nursing and rehabilitation center.

Obtained a unanimous defense verdict in favor of a cardiothoracic surgeon.

Obtained defense verdict in favor of a neurosurgeon accused of performing an unnecessary spinal surgery.

The court granted our petition for preliminary determination and motion for summary judgment in favor of our allergist client on a statute of limitations issue regarding a minor with a non-latent disease.

Defense verdict on behalf of a pain management physician accused of over prescribing controlled substances.

Obtained summary judgment in favor of an interventional cardiologist and their practice group in a medical malpractice case.

Obtained defense verdict in favor of a critical care physician.

Obtained defense verdict in a medical malpractice trial involving the death of a 39-year old woman.

Obtained defense verdict in favor of a physician assistant in a case involving treatment for carpal tunnel syndrome causing an alleged permanent nerve injury.

Obtained defense verdict in favor of an orthopedic surgeon accused of negligence in causing an arterial injury during a total knee replacement. Additionally, plaintiffs claimed our client was delayed in diagnosing and arranging treatment post-operatively.

Obtained defense verdict in favor of urologist. Plaintiff alleged that defendant was negligent during penile implant surgery.

Obtained defense verdict in favor of chiropractor. Plaintiff alleged that they suffered a cervical herniation and fracture as the result of negligent chiropractic care.

Obtained defense verdict in favor of radiologist and family practice physician.

Obtained defense verdict in favor of a primary care physician in a case involving the death of a patient.

Obtained summary judgment and appellate win for a physician and surgical group. The physician was accused of negligently reporting elder abuse. Indiana has a statute that creates immunity for such actions in certain circumstances. There is very little case law to explain the scope and exceptions to the immunity. The Trial Court agreed that immunity applied. The plaintiff appealed and the Indiana Court of Appeals affirmed.

Obtained defense verdict in favor of a physician in a case involving significant injuries.

Obtained a dismissal for a hospital and an orthopedic resident.

Defended a spine surgeon who allegedly caused brain injury by failing to diagnose a dural tear.

Obtained defense verdict in favor of chiropractors in negligence case. The plaintiff visited our chiropractor clients seeking treatment for a constant, severe headache, as well as lower back and ankle pain. After standard chiropractic adjustments and acupuncture, the clients suggested trying a whole-body cryotherapy session. The plaintiff agreed, but ended the session after two minutes, citing 10/10 pain and signs of hypertensive crisis. The plaintiff contended that her blood pressure was never checked prior to the cryotherapy, and therefore she should never been allowed to use the therapy. Further, Plaintiff also contended that our clients were negligent in their post-cryotherapy management. As per the plaintiff's assertions, our clients’ alleged negligence led the plaintiff to require emergency medical attention and resulted in subsequent diagnoses of hypertension and post-traumatic stress syndrome (PTSD).

The defendants denied they failed to take the blood pressure. They presented evidence of standard processes and procedures which they follow every time for every patient using cryotherapy. Furthermore, once the plaintiff had a bad experience they provided reasonable care in helping her recover, including offering her every opportunity to obtain transportation home or to a hospital. She recovered quickly and did not have PTSD.  

After a three day trial, the jury returned a defense verdict on in favor of our client.

Defended an orthopedic surgeon against claims of negligence in performing including a left hand compartment fasciotomy, decompression of left wrist carpal tunnel, exploration with tagging of lacerated tendons, and left wrist arthrotomy.

Obtained a defense verdict for their home health nurse and hospital clients. Plaintiffs claimed that our client was negligent during a suprapubic catheter change which allegedly led to a bowel perforation and the need for surgery including colostomy and hospital stay. After a week and a half of trial, the jury returned a defense verdict on negligence in favor of our clients.

Defended a medical malpractice case in which plaintiffs claimed paralysis was caused by a negligently performed spine surgery.

Defense of ophthalmologist in the alleged negligent performance of cataract surgery which led to a dislocated intraocular lens. Secured a directed verdict in favor of the defendant after a four-day jury trial.

Motion to Dismiss granted in medical malpractice and negligence case asserted against correctional medical provider for the wrongful death of inmate. This matter was already litigated and decided in client’s favor in the federal court, but was re-filed by the Plaintiff in state court. We moved to dismiss based upon statute of limitations and other affirmative defenses.

This matter involved a chiropractic malpractice claim relating to an allegation of negligent treatment resulting in a cervical spine fracture. The case centered on the element of causation, namely that the origin of the compression fracture, was complicated by the patient’s metastatic bone cancer. A licensed physician offered an opinion on behalf of the defense that the cancer was the cause of the fracture; in turn, Plaintiff designated a physical therapist (DPT) to provide an opinion to the contrary. However, as both the trial court and Court of Appeals determined, which opinions remain in-tact following the Supreme Court’s decision not to accept transfer, Plaintiff’s expert physical therapist was not qualified under the Rules of Evidence to offer an opinion on causation because such a complicated medical question, in addition to a question centering on subjective complaints of pain, required the expert opinion of a physician licensed to practice medicine. Because Plaintiff failed to designate a qualified medical opinion on the essential element of causation, defendant was entitled to summary judgment.

Defended a maternal fetal medicine physician against medical malpractice claims involving the death of a patient following childbirth. The case was tried to a jury during a two-week trial in southern Indiana. The jury heard testimony from eleven physicians from multiple specialties. The jury returned a verdict in favor of our physician client.  

Obtained defense verdict for a Radiologist, General Surgeon, and Hospital System in a medical malpractice claim involving a laparoscopic hernia repair with mesh and tacks

Motion for Judgment on the Pleadings granted in favor of healthcare system and medical profesisonals in medical negligence and wrongful death action.

Plaintiff alleged that our optometrist client violated the Eighth Amendment to the United States Constitution. Plaintiff has a presumptive diagnosis of Spinocerebellar Ataxia Type 7 or “SCA7”, a serious inherited disease involving the degeneration of the central nervous system, for which there is no cure or meaningful treatment to stop the delay and progression of the disease.  Plaintiff argued that our client was deliberately indifferent for the incorrect eyewear prescriptions and for failing to have him genetically tested or treated for SCA7.

Defense of ophthalmologist in endophthlamitis case which led to permanent blindness.

Motion for Sanctions requesting dismissal of case granted in favor of healthcare system. During litigation, plaintiff failed to adequately respond to discovery requests and failed to comply with the Court’s order compelling adequate responses to discovery.

Plaintiffs filed (1) false imprisonment, (2) premises liability, (3) negligent hiring, (4) negligent infliction of emotional distress, (5) intentional infliction of emotional distress, (6) vicarious liability, (7) respondeat superior, (8) agency by estoppel, and (9) loss of consortium claims against hospital and emergency medicine physician based on allegations that the patient plaintiff was mistreated during his time at the emergency department. Summary Judgment granted in favor of emergency medicine physician on the basis that all claims alleged failed as a matter of law.

Summary Judgment for Nurse Staffing Company after prevailing before the medical review panel and Plaintiff failing to designate proper expert evidence to prosecute the case.

Plaintiff appealed adverse trial court granting summary judgment due to lack of expert witness in medical malpractice claim.

Obtained defense verdict in a claim of catastrophic injuries resulting from surgical complications.

Obtained a unanimous defense verdict in favor of psychiatrist against medical malpractice claims related to the prescription of an antipsychotic drug.    

Obtained defense verdict in a claim of catastrophic injuries resulting from surgical complications.

An inmate incarcerated in federal prison in Terre Haute, Indiana accused a contract optometrist of being deliberately indifferent to his serious medical needs when he did not rule out stroke when the inmate presented to the optometrist with sudden vision loss and also did not refer him to the hospital. The inmate later suffered a stroke and accompanying damages. The trial dismissed the inmate's case on a Rule 12 motion by finding that a federal, Bivens action cannot be brought against a private entity or individual, even if it is a federal medical services contractor.

Obtained defense verdict on behalf of an orthopedic trauma surgeon and a Physicians' Assistant.

Defense of nurse defendant against medical negligence claim involving administration of sodium bicarbonate and calcium gluconate infusions.

Defense of wrongful death medical negligence claim involving pulmonary embolism.

Defense of wrongful death involving bacterial pneumonia and MRSA.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders after receiving transfer of the file from another law firm.

Defended ER physician who was alleged to have negligently failed to diagnose an aortic dissection.

Defense of orthopedic surgical malpractice claim.

Obtained a defense verdict for neuro-interventional radiology client.

Defense of a wrongful death claim involving an emergency room physician.

Obtained dismissal in medical malpractice action alleging negligent preparation of death certificate on motion to dismiss.

Obtained defense verdict in medical malpractice action related to alleged negligent performance of bunionectomy.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders. 

Defense of wrongful death as to the placement of pediatric cardiology device.

Defense of medical negligence during bunionectomy.

Defended orthopedic surgeon in federal court for claims related to carpal tunnel release and ulnar nerve decompression.  Summary judgment granted in favor of physician.

Defense of wrongful death following a fall in the hospital.

Court of appeals affirmed trial court ruling the statute of repose barred a wrongful death claim.

Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.

Defense of surgical medical negligence, lack of informed consent, battery, and fraud.

Defense of general surgeon in medical malpractice claim involving a failure to timely diagnose a bowel perforation which led to septic shock, coma, and cardiopulmonary injury.

Defense of general surgeon in medical malpractice claim involving delayed operation on a small bowel obstruction. 

Court of appeals affirmed trial court’s dismissal of civil conspiracy allegation based on witness immunity.

Defense of medical malpractice claim arising from medical care of COVID-19 patient.

Motion for Summary Judgment granted in favor of emergency medicine physician, based on plaintiffs’ failure to produce and offer qualified expert testimony against the physician concerning the standard of care, breach of the standard of care, and reasonable probability that the claimed injury was proximately caused by the alleged departure from the standard of care.

Defended orthopedic surgeon in federal court for claims related to open reduction internal fixation with ostomy of hand.  Summary judgment granted in favor of physician.

Defense of interventional radiologist in medical malpractice/wrongful death claim involving alleged negligence, which led to massive bleeding and death following a kyphoplasty procedure. 

Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.

Successfully defended chiropractor in a case transferred to us from another firm by our insurer client. After proving that the medical review panel’s negative opinion amounted to negligent billing and record keeping which could not create questions of fact for the jury, the plaintiff dismissed the case while our motion for summary judgment was pending and 1 month before the trial.

Medical negligence and constitutional deliberate indifference claims were asserted in connection with the death of an inmate at a county jail.  It was alleged that the inmate developed endocarditis as a result of IV drug use prior to booking and that it was not timely recognized or treated.  After significant discovery, summary judgment was rendered as to all federal claims by the U.S. District Court on behalf of the named medical providers and correctional staff.  An appeal was taken to the U.S. Court of Appeals for the Sixth Circuit, which affirmed. 

Defense of long-term care facility against claim of negligence allegedly leading to death of 84 year old resident. After two weeks of trial, the jury returned a unanimous defense verdict in favor of our client.

Successfully obtained summary judgment on behalf of jail doctor who was alleged to have been deliberately indifferent to an inmates serious medical needs by refusing to prescribe him a specific type of nerve medication as well as a desired pain medication.

Successfully obtained summary judgment for contractor of federal prison where she was alleged to have refused emergency care to an inmate based on lack of cause of action under Bivens or otherwise to assert the same.

Defense of medical malpractice/wrongful death claim involving the negligent prescription of medication for off label use which led to deep vein thrombosis, pulmonary embolism and death.

Defended various medical providers against claims of medical negligence. Judgment on the Pleadings granted pursuant to the Statute of Repose. 

Defense of neonatologist in medical malpractice claim alleging breach of standard of care which led to delay in treating necrotizing enterocolitis and bowel perforation in a premature baby.

Defense of emergency medicine physician against wrongful death/medical negligence claim.

Defense of medical malpractice claim involving the negligent insertion of a Foley catheter and catheter guide which led to bladder perforation and permanent injury.

Affirming trial court’s dismissal of wrongful death claim filed after the expiration of the medical malpractice statute of repose.

Successful appeal of trial court order denying motion for summary judgment.

Defense of behavioral health facility medical malpractice claim.  

Represented urologists in a case involving complications with a penile implant surgery.

Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim. 

Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.

Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.

Defense of neurointerventional radiologist alleging negligence in treatment of a stroke.

We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.

Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.

Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries

Defense of orthopedic medical malpractice claim

Defense of wrongful death of 21 year old mother medical malpractice claim

Trial defense of claims of medical malpractice

Defense of podiatric surgeon medical malpractice claim

Defense of family medicine physician alleging wrongful death/medical negligence for prescribing opiates over many years leading to a 50-year old's death.

Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.

Defense of claim against two radiologists alleging negligent diagnostic interpretations of a CT and then an ultrasound that caused pain and suffering and an emergent surgery.

Defense of wrongful death medical malpractice claim in failing to timely diagnose an aortic dissection

Defense of pain management physician in a medical negligence claim, allegedly leading to catastrophic spinal cord injury.

Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.

Defense of wrongful death medical malpractice claim

Defense of orthopedic medical malpractice claim.

Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.

Defense of federal civil rights action arising from jail suicide.

Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.

Defense of injury case against hospital.

Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D

Indiana Supreme Court denied transfer upholding the decision by the Court of Appeals affirming a directed verdict in favor of defendant hospital and physician following a jury trial alleging blindness to an infant.

Defense of wrongful death medical malpractice for failure to timely to diagnose necrotizing pancreatitis.

Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.

Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.

Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.

Defense of claims of wrongful termination and withholding of compensation   

Defense of wrongful death claim involving interventional pulmonologist.

Granting motion for judgment on the pleadings filed on behalf of county jail medical care provider because deliberate indifference claims brought under 42 U.S.C. 1983 were time barred as a matter of law, and tolling/relation back doctrines did not apply to save Plaintiff's claims.  

The plaintiff claimed that the cardiologist failed to diagnose an acute aortic dissection resulting in her husband’s death. Following a three-week long jury trial with numerous experts, the jury returned a verdict in favor of the defendant cardiologist.

Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D.

Indiana Court of Appeals affirmed judgment in favor of the defendant hospital and physician following a jury trial alleging blindness to an infant.

Defense of obstetric medical malpractice claim alleging severe neurologic birth injury

Defense of medical malpractice claim alleging damages including lost future wages   

Defense of wrongful death medical malpractice claim

Defense of podiatric malpractice claim of unnecessary surgery

Defense of medical malpractice claim for alleged failure to diagnose subdural hematoma.

Defense of emergency room wrongful death claim involving drug overdose

P. Portee v. Cleveland Clinic Foundation

Defendants appealed adverse Court of Appeal decision reversing summary judgment based on statute of limitations.

Defense of wrongful death claim involving a terminal airway obstruction resulting in cardiopulmonary arrest. 

Defense of medical malpractice in alleged missed diagnosis of stroke

Defense of medical malpractice claim arising from abdominal hysterectomy

Defense of emergency department physician alleging failure to timely diagnose and appropriately treat myocardial infarction.

Obtained judgment in favor of hospital, surgeon, and CRNA on small claim for medical malpractice related to sinus surgery.

Defended general surgeon in wrongful death claim related to complications following an ERCP procedure.  Jury returned a defense verdict.

Defense of medical malpractice claim involving shoulder dystocia during delivery resulting in a permanent brachial plexus injury

Defense of medical malpractice intensive care unit claim

Defense of alleged negligent recredentialing a foot surgeon in performing 32 unnecessary surgeries

Defense of a gynecologic surgeon performing robotic laparoscopic hysterectomy leading to permanent injury

Gaye Lynn Harris-Miles, et al. v. Lakewood Hospital, et al.

Defense of medical malpractice appeal.

Defense of psychiatric facility against claims of medical malpractice and wrongful death  

Defense of wrongful death medical malpractice involving robotic assistance laparoscopic nephrectomy

Defense of obstetrician in medical malpractice brachial plexus injury claim.  

Medical malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia.

Defense of medical malpractice negligence from platelet rich plasma injection causing gangrene and permanent disfigurement

Defense of long term care wrongful death claim 

Defense of neurology medical malpractice claim.

Defense of ophthalmologic malpractice claim involving loss of vision in left eye

Defense of medical malpractice involving misdiagnosis of hyperthyroidism.

Defense of emergency department physician with allegations of failure to timely diagnose and treat the flu, leading to a 40-year old's death.

Defense of catastrophic medical malpractice injury claim involving stroke

Defended general surgeon in 8th Amendment deliberate indifference claim and obtained judgment in favor of physician.

Defense of ophthalmology retina surgical case resulting in loss of vision in one eye

Defense of orthopedic medical malpractice

Merlin v. Ankle & Foot Care Centers of Ohio, et al.

Plaintiff appealed the trial court’s denial of motion for mistrial due to alleged unfair surprise related to supplemental discovery just prior to trial.

Defense of wrongful death delayed cancer diagnosis claim

Defense of wrongful death claim medical malpractice claim based on medication overdose

Defense of medical malpractice claim alleging severe neurologic deficit resulting from negligence in neonatal intensive care unit.

Defense of wrongful death medical malpractice claim based on pulmonary embolism

Defense of negligent credentialing and re-credentialing of podiatrist

Defense of medical and nursing/hospital negligence claim alleging wrong death arising out of the death of a patient following EGD.

Defended hospital, nurse practitioner, and nurse in 8th Amendment deliberate indifference claim and obtained judgment in favor of all healthcare providers.

Claim of improper insertion of a catheter causing significant and permanent injury to the plaintiff's urinary system.

Defendant dismissed after commencement of trial

Defended OB/GYN in case alleging permanent brachial plexus injury due to shoulder dystocia.

Estate of James Barton vs. Hamilton County, NaphCare, et al.

Federal civil rights, medical malpractice and wrongful death action brought against Hamilton County jail, corrections officers and medical staff related to death of an inmate while in custody

Defense of medical malpractice claim involving the administration of Vistaril and then allowing the patient to drive home.

Defense of medical malpractice following complications with bariatric surgery 

Defense of gastroenterologist medical malpractice claim

Defense of orthopedic surgery malpractice claim

Defense of wrongful death medical malpractice claim involving deep vein thrombosis and pulmonary embolus

Defense of wrongful death medical malpractice case involving deep vein thrombosis and pulmonary embolus

Defense of emergency department physician with allegations of catastrophic injury to this patient's gastrointestinal system.

Defense of wrongful death nurse practitioner claim

Defense of orthopedic total knee replacement malpractice claim

Defense of national recreational association against claims of nuisance and infliction of emotional distress

Estate of J. Kinaz v. Diplomat Healthcare, et al.

Plaintiff appealed adverse trial court judgment in wrongful death medical malpractice case based on lack of expert testimony.

Defense of involuntary imprisonment claim against hospital and psychiatrist

Defense of urologic medical malpractice claim

Defended internal medicine physician and hospital in wrongful death claim related to patient with subdural hematoma following a fall.  Jury returned a defense verdict.

Defense of podiatric surgical malpractice claim

Defense of catastrophic cardiothoracic surgical negligence case

Defense of medical malpractice, wrongful death claim

Defense of Orthopedic Practice by medical board investigation for failure to provide emergency orthopedic care

Defense of alleged negligent psychiatric care case

Defense of wrongful death gastrointestinal surgery claim.

Defense of emergency department physician alleging wrongful death of a 19-year old due to increased intracranial pressure.

Defense of podiatric surgical malpractice case.

Defense of medical malpractice case involving multiple hospital falls 

Defense of wrongful death emergency medicine claim of 23 year old male. 

Defense of obstetrical medical malpractice claim involving stillborn child

Defense of surgical gastroenterology medical malpractice claim

Defense of catastrophic birth injury claim involving placental abruption

Defense of wrongful death emergency room medical malpractice claim

Defense of wrongful death emergency room medical malpractice claim

Defense of medical malpractice claim               

Defense of catastrophic medical malpractice claim

Defense of catastrophic birth trauma medical malpractice claim

Defense of medical malpractice claim alleging urethral tear during cystoscopy. 

Defense of medical malpractice case involving alleged traumatic brain injury as a result of an anaphylactic reaction during a colonoscopy. 

Defense of wrongful death medical malpractice claim

Jennifer Baker, Extrx. of E/O Janice Colston v. Anthony DeRiso, II, M.D., et al.

Plaintiff appealed defense verdict in medical malpractice wrongful death claim

Defense of wrongful death medical malpractice case

Defense of delayed diagnosis in medical malpractice claim

Defense of surgical medical malpractice claim

Nichter v. Shamansky

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Defense of general surgeon in medical malpractice claim involving allegations of negligent hernia repair

Defense of medical malpractice wrongful death action

Defense of medical malpractice of internal medicine treatment for COPD.

S. Smith, et al. v. Wyandot Memorial Hospital, et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim.

Defense of catastrophic birth injury medical malpractice case

Defense of wrongful death medical malpractice claim

Defense of wrongful death emergency room medical malpractice claim

Defense of medical malpractice wrongful death case involving stillborn infant during caesarian delivery. 

Defense of radiologist in wrongful death medical malpractice claim involving claim of missed aortic dissection

Defense of catastrophic surgical medical malpractice claim. 

Defense of pediatric emergency medicine physician for claims of malpractice arising out of failure to timely diagnose and appropriately treat Stevens Johnson Syndrome.

Defense of wrongful death cardiothoracic medical malpractice

Defense of catastrophic medical malpractice claim

Defense of health care commercial premises liability personal injury claim

Defense of wrongful death medical malpractice claim.

C. Kulich-Greer v. OhioHealth Corporation, et al.

Plaintiff appealed trial court judgment in wrongful confinement and intentional infliction of emotional distress claim

Defense of physician in medical board administrative investigation

Defense of wrongful death medical malpractice claim

Defense of wrongful death medical malpractice claim

Defense of medical
malpractice wrongful death claim

Defense of emergency
medicine medical malpractice claim

Defended orthopedic surgeon in 8th Amendment deliberate indifference claims and obtained dismissal of all claims.

Defense of surgical medical malpractice claim

Defense of wrongful
death psychiatric claim

E. Hubiak, et al. v. Ohio Family Practice Center Inc., et al

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Defense of surgical
medical malpractice claim

King v. Alexander

Defense of prison officials from allegedly inadequate medical care to a prison inmate

Defense of anesthesiologist in wrongful death medical malpractice claim involving allegation of inappropriately monitoring following spine surgery.

Defense of catastrophic brain injury medical malpractice case

Defense of catastrophic birth trauma medical malpractice case

Defense of wrongful death medical malpractice claim

Defense of orthopedic knee replacement surgery malpractice claim

Defense of podiatry wrongful death claim

Defense of medical malpractice catastrophic birth injury claim

Affirming judgment of trial court returning jury verdict in favor of defendant on plaintiff’s medical negligence claims.

Defense of orthopedic malpractice claim involving damages of lower limb amputation

Defense of medical malpractice cosmetic surgery claim

Defense of allied health care liability

Defense of urgent care physician in catastrophic injury to 50-year old.

Defense of catastrophic emergency medicine paralysis claim

Defense of interventional cardiologist wrongful death medical malpractice case.

Defense of Defense of above knee amputation claim of podiatric malpractice

Defense of WV Medical Board disciplinary claim

Defense of wrongful death psychiatric malpractice claim

Defense of wrongful death anesthesia medical malpractice claim

Defense of wrongful death medical malpractice claim

Defense of wrongful death urgent care medical malpractice claim

Defense of pharmaceutical malpractice wrongful death claim

Defense of catastrophic fractured skull and brain injury baby claim

Defense of orthopedic surgery rotator cuff and bicep tendon tear medical malpractice claim

Defense of medical malpractice alleged nerve injury surgery claim

Defense of orthopedic medical malpractice claim

Defense of catastrophic neurologist medical malpractice claim

Louis Manchise vs. Steven Ionnia, M.D., et al

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Medical Malpractice

Defense of obstetric malpractice claim involving catastrophic injury to newborn.

Defense of claimed delay diagnosis of breast cancer medical malpractice

Defense of emergency medicine physician/wrongful death medical negligence claim alleging a failure to timely diagnose and appropriately treat sepsis, purportedly leading to wrongful death.

Defense of OB/GYN medical practice claim claiming failure to timely diagnose post-partum infection resulting in catastrophic injury. 

Defense of obstetrical malpractice claim involving cerebral palsy birth trauma from alleged delayed delivery

Defense of obstetrical malpractice claim involving cerebral palsy birth trauma from alleged delayed delivery

Defense of wrongful death medical malpractice claim involving alleged improper treatment of early stage cervical cancer

Defense of general surgical medical malpractice claim.

Plaintiff appealed adverse trial court judgment in hospital malpractice claim

Defense of orthopedic medical malpractice claim

T. Rall, et al. v. C. Arora, M.D., et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim

E/O S. Galloway v. Marion Psychological Inc., et al.

Plaintiff appealed adverse trial court judgment in wrongful death suicide claim

Defense of State Medical Board licensure removal claim.

Defense of orthopedic medical malpractice claim

Defense of hospital and nursing medical malpractice claim

Waikem v. Cleveland Clinic Foundation

Plaintiff appealed adverse trial court judgment upholding defense of statute of repose in medical malpractice claim

Daniel Siegel, et al. v. Life Center Organ Donor Network, et al.,

Plaintiff appealed adverse trial court judgment on claim for unauthorized removal of organ under Uniform Anatomical Gift Act.

Defense of wrongful death orthopedic medical malpractice claim.

Defense of wrongful death medical malpractice claim alleging negligent administration of medication resulting in asphyxia.

Defense of surgical medical malpractice claim

Defense of wrongful death medical malpractice.

Defense of wrongful death medical malpractice claim

Defense of medical malpractice laparoscopic hysterectomy

Defense of wrongful death medical malpractice claim

Defense of orthopaedic surgical malpractice wrongful death claim

Defense of emergency medicine/wrongful death case alleging failure to timely diagnose and appropriately flu/sepsis leading to the death of a 30-year old 4 days postpartum.

Defense of emergency medicine wrongful death case

Defense of emergency medicine wrongful death medical malpractice case

Defense of physical fitness products liability personal injury claim.

Defense of wrongful death medical malpractice claim

Defense of ophthalmology medical malpractice claim

Plaintiff v. General Dentist Defendant

Plaintiff's unsuccessful appeal of trial court judgment in favor of defendants dentists in case involving alleged failure to diagnose oral cancer.

Defense of wrongful death medical malpractice

Defense of wrongful death general surgical malpractice

Defense of wrongful death nursing home/long term care claim.

Estate of Wood v. Harborside Health Care 

Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim. 

Defense of medical malpractice claim involving the death of a physician after oral surgery and loss of airway.

Defense of physical therapy malpractice geriatric malpractice claim.

Defense of wrongful death medical malpractice claim involving emergency room medicine

Defense of medical malpractice claim alleging failure to diagnose massive heart attack in 30-year old.

Defense of psychiatric malpractice wrongful death claim

Defense of medical malpractice breast cancer misdiagnosis

Defense of wrongful death emergency medicine malpractice claim

Defense verdict in favor of ENT and employer arising out of facelift procedure with alleged cosmetic deformity.

Defense of medical malpractice wrongful death claim

Defense of wrongful death emergency medical malpractice claim involving death of subarachnoid hematoma

Defense of post birth trauma case of now 22 year old profoundly debilitated Plaintiff

Defense of wrongful death medical malpractice claim

Defense of catastrophic birth injury medical malpractice

Defense of medical malpractice claim involving the death of a man from prostate cancer.

Defense of medical malpractice claim involving above the knee amputation

Defense of catastrophic medical malpractice surgical claim

Defense of medical malpractice claim involving allegations of mismanaged infection leading to above the knee amputation.

Defense of catastrophic medical malpractice

Defense of wrongful death medical malpractice claim

Cortez. Riechers v. Biats, M.D.

Plaintiff appealed trial court’s denial of Motion for a New Trial based on alleged misconduct occurring during closing argument.

Striff, Admr., et al. v. Pandora Family Physicians, Inc. and Steven K. McCullough et al

Plaintiff appealed adverse trial verdict in wrongful death/med mal case.

Striff, Admr., et al. v. Horstman & Klir, M.D., Inc.

Plaintiff appealed adverse trial verdict in wrongful death/med mal case.

Defense of medical malpractice claim

Defense of eye surgery medical malpractice claim.

Defense of psychiatric wrongful death claim involving suicide of 48 year old patient.

Defense of wrongful death medical malpractice claim

Elizabeth Schura, etc. et al. v. C. Marsick, M.D. & Physicians Staffing

Plaintiff appealed a trial court judgment in medical negligence claim.

Defense of wrongful death medical malpractice case involving dialysis patient presenting in the ER

Defense of catastrophic emergency medicine medical malpractice

Mary Boggia, et al. v. Wood County Hospital, et al

Plaintiff appealed adverse trial court judgment in medical malpractice based on claim of negligent credentialing of settling private physician.

Jessie Mardis, Admrx., etc. v. Janice Mofford, R.N., et al.

Plaintiff appealed adverse trial court judgment dismissing claim against nurse by untimely substitution of Jane Doe defendant.

Defense of emergency medicine physician in catastrophic injury claim alleging locked-in syndrome to a 30-year old.

David Davis v. Firelands Hospital

Plaintiff appealed adverse trial court result in catastrophic medical negligence claim based on trial court evidentiary rulings.

Defense of wrongful death medical malpractice claim

Defense of medical malpractice claim

Defense of medical malpractice (oncologist) misdiagnosis claim

Defense of podiatric foot surgery malpractice claim

Defense fo wrongful death medical malpractice claim involving emergency medicine.

Defense of property damage trucking liability claim.

Defense of medical negligence claim against radiologist, alleging neuropathies as a result of alleged delay in cancer diagnosis.

Alene Adams v. Eye Center of Columbus M.D., et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim for failure to file an Affidavit of Merit.

Alene Adams v. Dr. Doug Baker, M.D./Opthalmic Surgeons & Consultants of Ohio, Inc. et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim failure to file an Affidavit of Merit

Defense of medical malpractice claim arising out of bone marrow biopsy

Defense of medical malpractice claim arising out of bone marrow biopsy

Defense of wrongful death medical malpractice claim involving issue of diagnosis of lung cancer

Jaques v. Manton 125 Ohio St. 3d 342, 2010-Ohio-1838

We appeal trial court and Court of Appeals’ preclusion of evidence of Plaintiff’s medical bills portion of “write-off”.

Defense of medical malpractice claim

Defense of hospital medical malpractice claim involving failure to diagnosis of Plaintiffs spinal fracture

Defense of wrongful death medical malpractice claim

Defense of eye surgical medical malpractice

Defense of wrongful death medical malpracitce claim

Defense of catastrophic permanent brain damage medical malpractice claim of 26- year old

Defense of wrongful death medical malpractice case following anoxic episode from massive infection

Tausch v. Riverview Health Institute, LLC

Plaintiff appealed adverse trial court judgment in medical malpractice claim by virtue of tolling of the statute of limitations.

Chapman, Admr., etc. v. South Pointe Hospital, et al.

Plaintiff appealed adverse trial court judgment on failure to provide an Affidavit of Merit in medical malpractice case.

Defense of orthopedic medical malpractice claims claiming permanent "foot drop" from medical negligence

Defense of obstetrical medical malpractice claim

Defense of medical malpractice claim alleging negligent trach tube care, causing anoxia and death.

Defense of wrongful death, medical malpractice claim involving cardiac arrest against family practitioner.

Defense of orthopedic surgical malpractice claim.

Defense of cerebral palsy birth trauma medical malpractice case.

Defense of wrongful death psychiatric medical malpractice claim.

Defense of catastrophic medical negligence claim

Defense of uro-oncology medical malpractice claims

Defense of wrongful death medical malpractice claim

Defense of catastrophic medical malpractice claim.

Defense of wrongful death medical and psychiatric malpractice claim

Defense of obstetrical shoulder dystocia medical malpractice defense

Defense of medical malpractice multiple defendants case involving delayed diagnosis of cystic fibrosis.

Defense of catastrophic medical malpractice claim

Defense of wrongful death medical malpractice claim

Defense of legal malpractice case claiming negligent representation in class action litigation

Defense of wrongful death medical malpractice claim

Defense of hospital nursing malpractice claim

Alleged medical negligence/wrongful death case in defense of emergency medicine physicians.

Defense of wrongful death general surgical

Defense of wrongful death medical malpractice claim

Defense of malpractice claim involving lap chole and post-operative infection/management.

Defense of orthopedic surgeon in catastrophic medical negligence claim, allegedly leading to the wrongful death of a patient following orthopedic surgery.

Defense of pediatric medical malpractice/emergency medicine claim, alleging negligence arising out of the treatment of a traumatic wound.

Defense of claim alleging negligent physical therapy following knee replacement, causing need for 2nd replacement surgery.

Defense of hospital malpractice claim.

Defense of emergency room doctor in wrongful death medical malpractice claim.

Defense of family physician in medical malpractice claim

Defense of medical malpractice claim alleging excessive application of cryosurgery leading to permanent disability.

Defense of gynecologic surgery/medical negligence case.

Defense of internist in wrongful death medical malpractice claim.

Defense of pulmonology/critical care physician alleging medical negligence and wrongful death arising out of the care and treatment rendered to a patient with lung volume reduction surgery.

Defense of emergency medicine physician's assistant in catastrophic medical negligence claim arising out of the treatment of a 40-year old who underwent upper extremity amputation.

Defense of catastrophic medical negligence claim in defense of an internal medicine physician involving a 52-year old stroke victim.

Defense of gynecologic surgerical negligence claim.

Defense of medical malpractice claim alleging that ER services caused a delay in the detection of pneumonia, leading to wrongful death.

Defense of wrongful death long term care/rehabilitation hospital malpractice case.

Negligence claim involving motor vehicle accident.

Defense of gynecologic surgery/medical negligence case.

Defense of OB/GYN surgical medical malpractice case.

Defense of medical malpractice claim alleging failure to detect occult renal cancer at the time of removal of lung cancer.

Negligence claim involving a motor vehicle accident.

Defense of wrongful death emergency medicine medical malpractice claim against multiple Defendants.

Defense of internal medicine physician in wrongful death claim alleging catastrophic injury to an inpatient in the hospital.

Defense of hospital nursing negligence purportedly leading to myocardial infarction.

Defense of gynecologic surgical negligence claim.

Defense of catastrophic neurosurgical nerve injury case.

Defense of wrongful death emergency medicine malpractice case.

Defense of orthopedic surgery/medical negligence claim.

Defense of surgeon in medical negligence case alleging failure to diagnose and timely treat breast cancer in 40-year-old.

Defense of gynecologic surgery/medical negligence case.