At Kurzban Kurzban Tetzeli and Pratt P.A., our success in litigation is a result of our attorneys’ hard work and thorough preparation for trial in each matter. Please take a look at some of our verdicts and settlements on medical malpractice claims.
Medical Malpractice Expert Evidence
Allowing two pathologists, who were treating physicians, to testify in addition to pathologist who testified as an expert witness did not violate the trial court’s pretrial order limiting each party to one expert specialty. Further, the trial court did not abuse its discretion by permitting the plaintiff to call a second expert pathologist as a rebuttal witness in spite of the pretrial order. Any prejudice attributable to the plaintiff’s closing argument was found to be insufficient to warrant a new trial. Read More.
Anesthesiologist’s Error Left Young Man Brain-Dead
The Hernandez family came to the firm when their 22-year-old son was rendered brain-dead during a routine operation for a broken leg. We were able to conclusively establish the hospital and anesthesiologist’s liability in failing to appropriately monitor the patient during surgery. At the time, it was the largest verdict for medical malpractice in Florida: $7.2 million jury verdict in Miami against Mercy Hospital and a hospital-based anesthesiologist for medical negligence.
After a spinal laminectomy, our 55-year-old male client’s wound became infected and despite positive cultures of a severe infection, treatment was delayed by the neurosurgeon and plastic surgeon, which causing prolonged wound healing, difficulty in walking and long-term antibiotic treatment. $3.5 million settlement.
Failure To Diagnose Synovial Sarcoma
The radiologists failed to communicate to the orthopedic doctor of the potential differential diagnosis of a synovial sarcoma. The orthopedic doctor failed to follow up on the synovial sarcoma. All in all, the failure to interpret, diagnose and treat the plaintiff in a timely fashion caused an 18-year-old to suffer for three years prior to her demise. Our lawyers obtained a $1.7 million jury verdict against the orthopedic doctor and three hospital radiologists for the medical negligence of failing to timely diagnose synovial sarcoma.
Confidential settlement in Miami for a man in his early 30s with kidney disease who was not diagnosed by his internist for over two years. The young man was a computer developer and lost his career and ability to work and travel due to horrible effects of dialysis and kidney failure. He has since gone on to have a kidney transplant from a donor who was found during the course of litigation, and this matter was confidentially settled on the eve of trial.
$755,000 settlement in Miami for medical malpractice misdiagnosis of broken leg, causing length discrepancy in legs. Settled in pre-suit.
$362,000 pre-suit settlement against a children home health care. The minor plaintiff was 2 years old when she passed away due to the negligence of a home health nurse. The baby suffered from some physical and mental disabilities and was trach dependent. This baby required a home health nurse at all times to aid, support and care for her. The nurse who was taking care of her failed to properly handle the child’s tracheostomy tube change, which blocked the decedent’s airway, and failed to begin CPR to correct the lack of oxygen. The baby became brain dead, was placed on life support and eventually passed away as a result of the negligence.
$305,000 settlement for a United States Veteran who presented to the VA hospital with back and abdominal pain with a history of kidney stones. Plaintiff continued to seek treatment through the VA for a year and a half until they finally performed stone removal. However, by the time the stone was removed, plaintiff’s left kidney failed as a result of a failure to diagnose, and timely treat plaintiff’s condition. Plaintiff also developed renal failure as a result of the negligence.
$300,000 settlement in Naples for a 73-year-old male who suffered an eye injury due to trauma sustained from a branch of a palm tree. Mr. Oztimurlenk saw an ophthalmologist right after the injury. The ophthalmologist operated on his eye but failed to treat him appropriately by leaving a foreign object in the patient’s eye, causing him to continue having pain and resulting in injuries to his eye. After seeking treatment with many other eye specialists, they discovered the presence of a foreign body in his eye. Mr. Oztimurlenk suffered permanent loss of vision in his left eye due to negligence of the ophthalmologist to timely identify the foreign object. Settled in pre-suit.
$160,000 settlement in Miami for a 3-year-old male child who was born prematurely at Parkway Regional Medical Center. At the time of his birth, he was the victim of negligent IV monitoring and as a result IV infiltrate caused severe chemical burning to his left foot. The scarring caused tissue damage to the interior and exterior tissue of the foot. The injury to his left foot required revision and reconstructive surgery. Even after corrective surgery, his foot remains with minor permanent scarring. A guardianship was opened.
Confidential settlement against a hospital for the failure to note that plaintiff had an extremely low blood count upon admission. The plaintiff was a 46-year-old male who suffered from a nosebleed and was transported from a medical center in Key West to hospital in Miami for an ENT consult and for further treatment. The patient was actively bleeding and the hospital failed to timely order the ENT consult and failed to timely order blood transfusions despite the patient’s critical condition. As a result, the patient passed away for acute blood loss anemia and epistaxis.
Confidential settlement for a 35-year-old woman who was under the care of her gynecologist to receive assisted conception treatment. Despite many routine exams, including lab work, the plaintiff’s gynecologist failed to bring to the patient’s attention the abnormal lab results and failed to refer the patient to a nephrologist despite many indications of renal disease. As a result, the patient is now in end-stage kidney failure and will require a kidney transplant due to the doctor’s failure to conform to the standard of care.
Confidential settlement against a hospital for the wrongful birth delivery of a baby girl. The doctors delivered the mom’s baby girl using forceps after so many hours of a complicated labor. By using the forceps, the baby girl suffered disfigurement and shoulder dystocia due to the failure to gather the necessary records to determine the size of the baby before birth. The baby was born weighing 10 pounds 7 ounces.