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Even skilled health care providers can make mistakes.
Unfortunately, it is the nature of medical care that
these mistakes may cause great damage to the patients
whom the medical professionals are trained to help.
As a result of today's intricate medical protocols
and technologies, medical malpractice lawsuits are some
of the most complicated personal injury cases to pursue.
In order for a case to succeed, the plaintiff's attorneys
must have encyclopedic knowledge of the relevant areas
of law and medicine.
At Golomb & Honik, we have handled a wide array of
medical malpractice cases ranging from failure to diagnose
cancer to nursing home negligence. We have also amassed
an impressive track record of successes. Our ability
to achieve these successes is in great part due to our
attention to detail and our responsiveness to clients
and referral attorneys. Read more about our work on
medical malpractice suits:
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A Philadelphia jury returned a $1.2 million verdict
against a woman's orthopedic surgeon for failing to
diagnose a post-operative knee infection in a timely
manner. The 60-year-old woman had undergone a knee
replacement procedure by the defendant surgeon and
had developed signs and symptoms of an infection within
the knee. Unfortunately the infection was not diagnosed
for six weeks, by which time permanent damage had
occurred; she required additional surgery and suffered
permanent pain and damage to her knee.
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A Philadelphia jury returned a $1 million verdict
against a pair of gastroenterologists for failing
to diagnose a 60-year-old woman's cancer of the small
bowel in a timely manner, resulting in a 22-month
delay in diagnosis; by that time the cancer had spread
to other parts of her body and was incurable. The
woman, who was survived by her husband and four sons,
died nine months later. The woman had presented with
severe bleeding from her small bowel, but the doctors
never performed a CT scan, which would have diagnosed
the tumor at a time when it was much smaller and more
curable.
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The wheelchair used at a group home for disabled adults
had a history of chronic maintenance problems. Despite
being fitted for a seatbelt, the patient was repeatedly
found on the floor after having slipped from the chair.
The home failed to fix the chair, which ultimately
led to the disabled woman slipping from the belt in
such a way that it strangled her to death while she
was unattended. Golomb & Honik attorneys achieved
a confidential seven-figure settlement for her estate
and motivated the home to institute seminar training
for its entire staff to prevent incidents of this
kind in the future.
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A confidential seven-figure settlement was obtained
on behalf of a seven-year-old child who developed
mild spastic diplegia following her delivery at a
local hospital. The child's mother had been encouraged
to try a vaginal delivery after having her first child
by caesarian section. Discovery in the case revealed
that the child's mother had had a very low chance
of successful vaginal delivery, that she had been
given too much pitocin, and that her fetal monitor
strips showed evidence of hypertonus. As a result
the mom's uterus ruptured, causing the child to be
born severely hypoxic, which in turn led to the development
of cerebral palsy.
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confidential seven-figure settlement was obtained
on behalf of a 65-year-old man who developed severe
brain damage from an undiagnosed pericardial tamponade
after having been admitted to a local hospital to
undergo heart bypass surgery. The surgery was successful,
but one week after surgery he developed signs of respiratory
distress and chest pain. These signs went undiagnosed
until the man went into cardiac arrest. Although he
was revived, he was left in a severely neurologically
impaired condition requiring constant care.
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A confidential seven-figure settlement was obtained
on behalf of a 50-year-old woman who underwent cervical
spine surgery to alleviate chronic pain. It was revealed
that during surgery the neurosurgeon had drilled directly
into the woman's spinal cord, causing severe and permanent
injury, including chronic pain.
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A confidential seven-figure settlement was reached
during trial on behalf of a 50-year-old woman whose
surgeon failed to biopsy a breast mass. As a result,
the woman's breast cancer diagnosis was delayed for
nine months, by which time the cancer had spread to
her lymph nodes and other parts of her body, substantially
reducing her chance for cure.
- A 70-year-old
man was out for his nightly jog when he was mugged
near his home in Northeast Philadelphia. He was brought
to a local hospital complaining of severe pain in
his hip; x-rays were taken and read as normal by the
radiologist. A week later the films were read again
and clearly showed a fracture. The man underwent surgery,
but four months later he developed avascular necrosis,
requiring a hip replacement. A Philadelphia jury determined
that the one-week delay in diagnosing the fracture
was a substantial contributor to the need for the
hip replacement, which he otherwise would not have
needed.
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Atlantic County, New Jersey, jury returned a $650,000
verdict against an orthopedic surgeon for improperly
repairing a fractured femur. A 60-year-old man was
attacked by another man and thrown down a flight of
steps, sustaining a fracture of his femur near the
knee; he underwent surgery by the defendant doctor.
The surgery failed, requiring the man to undergo a
total knee replacement and leaving him with permanent
pain and discomfort in his knee. The jury found that
the defendant doctor had improperly performed the
fixation during the surgery, resulting in the post-operative
pain and need for knee replacement surgery.
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An actively employed 70-year-old woman had for years
taken medications to treat her low blood pressure
and thyroid condition. In the summer of 2001, she
picked up her prescriptions at a local nationally
franchised pharmacy and began taking them, as had
been her custom for more than 30 years. Within days
she noticed tightness in her chest and shortness of
breath, and she was hospitalized after testing revealed
that she had had a heart attack. She had never had
any cardiac symptoms or even been seen by a cardiologist,
and it was discovered that the pharmacy had dispensed
the wrong medicine. In fact, she had been given the
medicine of another woman with a similar name. The
combined effect of not having her correct medication
and taking the wrong medicines caused a heart attack
resulting in permanent heart damage. As a result she
became disabled from employment and is now under regular
cardiac care. In discovery, Golomb & Honik lawyers
established the clear negligence of the pharmacy in
discovery, liability was admitted, and the case was
resolved confidentially through binding alternative
dispute resolution.
- A young woman
was afflicted from birth with a skeletal abnormality
that confined her to a wheelchair by the time she
entered high school. Her congenital condition placed
her at risk for spinal compression and paralysis,
but for a period of weeks she suffered from advancing
spinal compression that was tragically ignored by
her primary care physician and subsequently in an
emergency room. As a result of the failure to diagnose
and treat this condition, she suffered incomplete
quadriplegia. Despite the presence of her significant
pre-existing medical conditions and disability, Golomb
& Honik was successful in obtaining a significant
recovery for her and her estate (she died of unrelated
causes after suit was commenced), thereby demonstrating
the value and importance of life even when the individual
harmed has already suffered a previous disability.
- An otherwise
healthy man in his mid-seventies was admitted into
the hospital for brain surgery. After successful surgery,
he was prepped for transfer from the intensive care
unit to a regular medical-surgical room. During that
process, he was left alone, fell from bed, and suffered
a subdural hematoma that, after a lengthy hospital
stay, ultimately caused his death. Suit was instituted
and discovery ensued. Nobody from the hospital was
present at the time of the fall, nor were the family
members who had just been evicted to allow the transfer.
The hospital challenged liability, insisting that
the bedrails were left up and claiming they did nothing
wrong. One of plaintiff's experts stated that it was
a physical impossibility for the man to lift himself
over the bed-rails, given the surgery he had undergone
just 24 hours earlier. Another expert opined that,
in any event, he should never have been left alone.
Depositions revealed that he had been left alone while
the nurse retrieved a chart after his transfer to
a gurney. The case was resolved for a confidential
settlement during trial.
- A confidential
settlement was reached on behalf of the family of
a woman who died of stomach cancer. It was alleged
in the lawsuit that the woman's family physician had
failed to order appropriate tests to investigate intestinal
complaints. Such tests would have revealed the presence
of gastric cancer some six to nine months earlier
than when the diagnosis was finally made. Although
there was strong evidence that the victim's stomach
cancer would have been fatal regardless of whether
it had been diagnosed earlier, a very satisfactory
monetary settlement was obtained.
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