Medical Malpractice: Is Honesty the Best Policy?

Medical Malpractice is an issue all doctors worry about. Yet, studies show that when a doctor is honest with the patient, the risk of getting sued is less, even when serious events occur.

Unfortunately, these studies have limitations, as this case example shows in a 2 minute YouTube video.
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At Grossman Roth Yaffa Cohen, we understand that our clients aren’t always familiar with the process of moving a medical malpractice case forward.

The very first step that we take on your behalf is conducting a thorough medical malpractice investigation, which helps build a solid foundation for your case further down the line.

Here’s a breakdown of the five steps necessary for a successful medical malpractice investigation that will position your case for success in the future.

Medical Malpractice Kills 500 Times That of Gun Accidents

“If accidental gun deaths are an epidemic, what does that say about other deaths in this country? For instance, medical malpractice deaths stand at over 500 times higher than accidental gun-related fatalities with as many as 400,000 deaths per year.” —Dana Loesch

Top 7 Horrible Cases Of Medical Malpractice (Lawsuits)

A video I created about some really unbelievable cases of medical malpractices that led to lawsuits. Watch the video to learn more 🙂

It includes: Brain surgery (Rhode Island Hospital, neurosurgeon), Doctors at the University at Washington (retractor forgotten inside, Donald Church), Commack, NY woman, Arturo Iturralde (screwdriver forgotten), Dr. Reinaldo Silvestre (Alexander Baez, pecs, woman breast), Dr. Letitia Libman (doctor, witchcraft, pentagrams), Carol Weihrer (eye surgery, anesthesia, awake).

Night of Chaos – Kevin MacLeod (
Licensed under Creative Commons: By Attribution 3.0

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Trial Lawyer David Domina Domina Law Medical Malpractice Nebraska Supreme Court Scott v Khan Part 1

Medical malpractice on appeal. Actual oral arguments resulting in two reversals for patients asserting medical malpractice claims. Watch attorney David Domina make the winning arguments for the patient’s case, in two successive, successful appeals.
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Medical Malpractice: The Top Cause of Death

Medical malpractice is the third leading cause of death in the U.S., ahead of accidents, stroke and respiratory disease and behind only heart disease and cancer. More than 250,000 deaths a year happen here as a result of preventable medical errors –almost 700 deaths a day. And that is just deaths – it doesn’t count the hundreds of thousands of patients who survive preventable medical errors with permanent life changing injuries.

Most lawyers won’t agree to represent a patient who has been hurt by malpractice because the cases are too expensive, they take too long, and hard to win. The insurance companies for doctors and hospitals hire teams of lawyers who fight these cases hard. They have unlimited resources to finance whatever kind of defense they need and to hire paid expert witnesses to say whatever is necessary.

At Phelan | Petty we have always handled medical malpractice lawsuits because there are deserving people out there who need our help. Every day there are patients who are devastated by medical malpractice – people with treatable conditions who should have gotten better, but suffer because they fall through the cracks when doctors don’t listen to them, or specialists don’t talk to one another. These are preventable tragedies that wouldn’t happen if healthcare providers were more careful.

Attorney Jonathan Petty has been handling medical malpractice cases for over 20 years, originally representing doctors and hospitals. Since 2004, he has only taken cases representing patients and their families.

Phelan | Petty has a dedicated team of lawyers, nurses, paralegals and a nationwide network of physicians and surgeons who we work with to put each case in the best position possible to be successful. Jonathan is involved in every step of the process, handling the legal and medical issues and letting you know what to expect. We try to strike the right balance between keeping you informed about what is going on while at the same time leaving you alone to heal and live your life as normally as possible.

In 2012, Jonathan was selected by his peers for inclusion in The Best Lawyers in America® in the field of Medical Malpractice litigation. The same publication recently honored him as the 2014 Richmond, Virginia “Lawyer of the Year” for Plaintiff’s Medical Malpractice Law in its 2014 edition. He has been listed in Virginia Super Lawyers since 2008 in the area of Plaintiff’s Medical Malpractice law.

Malpractice can occur in nearly any setting where medical care is given. Some common scenarios where we have experience include the following:

– Anesthesia errors;
– Brain injuries resulting from lack of oxygen (hypoxia);
– Birth injuries;
– Bariatric surgery (gastric bypass, lap band) complications;
– Bowel injuries;
– Bile duct injuries (during gallbladder surgery);
– Cerebral palsy;
– Cancer – including delayed diagnosis and improper treatment of breast cancer, brain cancer, colon cancer, kidney cancer, bladder cancer, etc.
– Heart attack – including delayed diagnosis and failure to treat in the emergency room, urgent care center, family practice
– Surgical errors – including wrong site and wrong level surgery
– Bowel obstruction – including delayed diagnosis and treatment
– Radiology/x-ray errors;
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Largest Medical Malpractice Case in California History – Bruce Fagel Ashley Hughes Case 2

Part 2 – California Medical Malpractice Lawyer Bruce Fagel speaks about a lawsuit he won for a child who was injured during birth. This is the largest medical malpractice verdict in California history, 0,000,000. The Law Offices of Dr. Bruce G. Fagel & associates handles all medical malpractice cases including birth injuries, brain injuries, cerebral palsy, wrongful death, Kaiser malpractice, cancer misdiagnosis, brachial plexis injuries, nursing home negligence, doctor and hospital malpractice and more.

You can contact Dr. Fagel at (800) 541-9376 or visit

How to Win a Medical Malpractice Case

Memphis medical malpractice lawyer Darrell Castle discusses what makes a successful medical malpractice case. He describes each of the important elements you’ll need to make your claim. Learn more and contact him at:

(Nothing on this web site is intended to create an attorney client relationship. Such a relationship can only be created through personal contact and a signed attorney/client retainer agreement with the attorneys of the Law Firm of Darrell Castle & Associates PLLC.)
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Why A Medical Malpractice Lawyer Turned Your Case Down?

Why A Medical Malpractice Lawyer Turned Your Case Down?

Is this why a medical malpractice lawyer turned your case down? You thought that you had a slam dunk case, but you cannot seem to find a medical malpractice lawyer, or firm, interested in assisting your case. What could it be?

The main purpose of this Maryland medical malpractice educational article is to help you understand why a lawyer might not be interested in handling your claim. Please remember that there can be numerous reasons as to why a medical malpractice lawyer may not want to take your case. With that said, I will highlight an important reason as to why you might not be able to find anyone to help.


Medical malpractice cases fall under an area of law called tort law. When making a finding of negligence, there are essentially four basic elements that must be proved. The elements are duty, breach of duty, causation, and damages. To take things a step further, in Maryland medical malpractice cases, one must be able to prove that their treating doctor fell below the standard of care owed to them, causing their injury.

The last sentence in the above paragraph is proven using medical experts. These experts will give an opinion as to the standard of care and whether there was a deviation from the standard, causing your injury, or damages. To understand the question above of why a medical malpractice lawyer turned your case down, you need to understand for this article the issue of damages.


In some cases, there may be an injury, but the cost of bringing the case outweighs the value. If you are in this type of situation, it can be hard to find a medical malpractice lawyer who will take the case. Being upside down in a case is not a good thing.

One of the easiest ways we can see this (being upside down) is through this simple example. Let us say that a case has a value of 100k. This amount factors everything in the case that a lawyer would use to get an approximate case. However, to get that 100k, it will take almost 80k to bring the case. Can you see how this can have a negative impact on the case? Since these cases can take years to work up, a net of only 20k will make a lot of clients unhappy.


Hopefully now you have a good idea as to one reason why a medical malpractice lawyer turned your case down. If you have had your case turned down, remember you find out if the lawyer has a reason as to why the case was rejected.

If you have suffered an injury following your gallbladder surgery and you would like to speak with me further this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.

Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
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