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DOCTORS SIGN OFF ON SURGERY WITHOUT READING PATIENT’S CHART, PATIENT ENDS UP PARALYZED FOR LIFE

Our Ohio Medical Malpractice Case Facts:

Mr. Spalding was a 68-year-old man with back pain. After conservative treatment failed, his primary care physician (“PCP”) referred him to a spine surgeon, who recommended surgery. But first, the surgeon sent Mr. Spalding to preadmission testing and back to his PCP for “medical clearance.”

At preadmission testing, Mr. Spalding told the nurse he had a bleeding disorder. The nurse documented the bleeding disorder in Mr. Spalding’s chart. On the morning of surgery, both the surgeon and the anesthesiologist were required to review Mr. Spalding’s chart. Both physicians signed an attestation form indicating they had read the chart and it was safe to proceed with surgery.

The surgery went forward as scheduled. Unfortunately, no precautions were taken for Mr. Spalding’s bleeding disorder and, as a result, he developed a hematoma (or pool of blood) after surgery. This hematoma compressed his spinal cord, which caused Mr. Spalding to be paralyzed from the waist down. He could no longer walk or control his bowel and bladder. His injuries were irreversible, permanent, and never should have occurred. This was devastating to Mr. Spalding and his family.

The Eisen Law Firm Medical Negligence Case: Investigation and Preparation

Mr. Spalding contacted The Eisen Law Firm to represent him in the investigation of potential medical negligence claims. The Eisen Law Firm began by obtaining and reviewing the medical records from the surgeon, the surgery center, and the PCP. The Eisen Law Firm does not utilize nurse paralegals. Instead, we review all medical records ourselves. Just as we do not rely on paralegals or third-party services to review and analyze medical records, we also perform our own exhaustive medical research. In this case, we researched, retrieved, reviewed, and analyzed several primary journal articles, textbooks, and other research materials in connection with the preparation of this case.

Once we developed an understanding of the events surrounding Mr. Spalding’s surgery, and the medical/surgical issues involved in the case, we set about putting together a team of experts to review and prosecute the case. This included experts in the specialty fields of Spine Surgery, Anesthesiology, Hematology, Family Medicine, and Physical Medicine & Rehabilitation, as well as a Certified Life Care Planner and an Economist.

The Eisen Law Firm Medical Negligence Case: Litigation

The Eisen Law Firm filed suit and began conducting discovery, including taking the depositions of all the key witnesses. The Surgeon and the Anesthesiologist claimed they did not know Mr. Spalding had a bleeding disorder, even though it is documented on the very forms they signed on the morning of surgery! The surgeon assumed the PCP or anesthesiologist would have alerted him if there was an issue, and the anesthesiologist assumed the PCP or preadmission testing nurse would have alerted him. The PCP assumed the surgeon and anesthesiologist would do their own work-up, and they would not be relying on his Medical Clearance. As a result of these unreasonable assumptions – and the failure of the surgeon and anesthesiologist to read the patient’s chart – nobody did anything to address Mr. Spalding’s bleeding disorder. If the proper precautions would have been taken, Mr. Spalding would not have developed a hematoma, and he would not have become paralyzed.

Because of his permanent spinal cord injury, Mr. Spalding required 24/7 nursing care. The Eisen Law Firm formulated a comprehensive Life Care Plan – with the assistance of experts in Physical Medicine & Rehabilitation, Life Care Planning, and Economics – to show the extensive care Mr. Spalding would require for the rest of his life, and how much it would cost to fund that care.

At first, all the Defendants denied liability, and they all hired multiple experts to defend themselves. Then, when it was clear this was a giant screw up, they started pointing fingers at each other. Eventually, they realized no one was going to escape without being held accountable. With the assistance of a skilled mediator, the parties were able to reach a global, confidential settlement a few weeks before trial.

The Eisen Law Firm and Medical Malpractice Cases

The Eisen Law Firm has been handling medical negligence cases for decades. In fact, that is all we do. We are prepared and committed to spending whatever is necessary to maximize the chances of recovery. We are also prepared to, and did in fact, commit whatever time was necessary to see this matter through to completion. To commit the time and money necessary to handle these kinds of cases, The Eisen Law Firm limits its representation to only a few cases per year. We regularly turn down new clients with potentially strong cases to maintain our focus on existing clients.

This matter required a significant investment of time and labor. Todd Gurney, Lead Attorney on this case, spent several months reviewing, organizing, and studying the medical records and relevant medical literature and discussing this matter with many potential expert witnesses and several additional months putting together a dominant team of experts and litigating the case along with Brian Eisen, President of The Eisen Law Firm. At The Eisen Law Firm, we believe the only way to win any case against sophisticated, well-heeled adversaries is to be prepared to litigate the case in court. To do this, we need to be well-versed in the medical issues, develop a strong theory of the case supported by top-notch experts, and be able to weave this medical knowledge into legal action. That is precisely what we did here for Mr. Spalding and his family.