PROFESSIONAL MALPRACTICE
Representative Cases
- Action for legal malpractice brought against County and a deputy public defender. The plaintiff was convicted of assault and battery with great bodily injury and a hate crime enhancement. Following his conviction, a new trial was granted based on a claim of ineffective assistance of counsel. Plaintiff claimed that his lawyer’s decision to enter into an agreement regarding evidence to be admitted at trial fell below the applicable standard of care and resulted in his wrongful conviction. In addition to the usual “trial within a trial” requirement in a legal malpractice case, the plaintiff was required in this legal malpractice case to prove his “factual innocence”.
- Action for medical malpractice/wrongful death. Plaintiff claimed that the death of his wife was caused by the interaction between two psychotropic medications prescribed by the defendant, a Psychiatrist, for decedent’s depression. Plaintiff claimed the cessation of one medication and prescription of a new medication precipitated a seizure which resulted in decedents death.
- Action for medical malpractice brought on behalf of minor child who suffered a catastrophic brain injury after administration of a dose of the DPT vaccination.
- Action for Wrongful death brought by widow of husband who died of heart failure after being released from emergency room where he presented claiming chest pain and other symptoms.
- Action for medical malpractice by male who claimed that improper treatment of ruptured Achilles tendon resulted in permanent damage including severe limitation of mobility.
- Wrongful death brought by widower of decedent who claimed that physician’s failure to biopsy lesion removed from decedent’s foot led to the death of wife from metastatic Melanoma.
- Plaintiff claimed that an emergency hysterectomy was necessitated by negligence of physician who delivered her baby by vaginal birth despite the fact that she had previously delivered a child by cesarian section.
- Plaintiff sued his surgeon after he was rendered a quadriplegic following spinal surgery. Plaintiff claims the catastrophic injury was the result of improper intubation during surgery.