Medical Malpractice

An attorney handling Medical Malpractice claims must have an understanding of the particular procedural rules related to malpractice litigation, access to experts in a wide variety of medical specialties and an appreciation for the practices and procedures employed by medical professionals. Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins attorneys have represented victims in medical malpractice lawsuits involving failure to timely diagnose an illness or injury, negligent medical or surgical treatment, negligent pre-natal care, nursing home malpractice and psychiatric malpractice. In handling these claims, the firm has developed a wide network of expert witnesses and has the resources to obtain medical information and literature needed to successfully handle these challenging cases.

Certain of those cases are discussed below:

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ObstetricianRobert Tessler obtained a $7,000,000 settlement in a birth injury, brain damage medical malpractice case.
Reproductive And Perinatal GeneticsIn a medical malpractice claim arising out of improperly performed genetic testing, Jack Wurgaft obtained a $6.6 million settlement.
HospitalIra Zarin obtained a $5.8 million jury verdict against a surgeon who left an operative sponge in the plaintiff during hernia surgery.
ObstetricianJack Wurgaft represented the plaintiff in a wrongful birth medical malpractice suit alleging that the child was born with permanent cognitive disabilities because an ultrasound to detect birth defects was administered too early in the pregnancy. Because the defendant was a federal agency, the lawsuit was filed in Federal Court. Following extensive discovery, a $4 million pretrial settlement was reached.
Wrongful Death Bob Hicks, together with co-counsel Eric Weinberg, obtained a verdict of $1,9 million in favor of the estate of a patient in a medical malpractice, wrongful death case. The verdict, together with a pre-trial settlement with two co-defendant doctors, brought the total recovery to over $2.7 million. The case involved a patient who had undergone knee and ankle surgery for arthritis and who developed post operative fever. The infectious disease specialist called in to consult after the fever persisted for several days, misdiagnosed pneumonia as the cause of the fever instead of blood clots (DVT) leading to death by pulmonary embolism.
ObstetricianBob Hicks obtained a $1.5 million settlement from an obstetrician and sonogram technician for failing to detect fetal abnormalities on a screening sonogram depriving parents of a child born with severe and multiple birth defects of the opportunity to terminate the pregnancy.
ObstetricianIn a lawsuit on behalf of a brain damaged baby, Jack Wurgaft obtained a $1.5 million settlement from the obstetrician who delivered the child, proving that the doctor had failed to recognize signs of fetal distress during labor.
Ear, Nose & ThroatBob Hicks obtained a settlement paying $1.38 million to the estate of an eight-year-old child who died of post operative bleeding proving the defendant physician had failed to treat the bleeding.
HospitalIn a published decision, Rubin Sinins obtained a reversal of the trial court’s remittitur and reinstated the jury’s pain and suffering award of $1.18 million in a case against a doctor and local medical center for negligence.
PharmacistJack Wurgaft obtained a $1.1 million settlement against a pharmacist who prescribed an incorrect medication to a pregnant woman, thereby causing injury to her son upon his birth.
Pain ManagementJack Wurgaft obtained $1.05 million settlement for the negligent administration of a cervical epidural injection, resulting in nerve damage to the patient’s arm.
DentistEric Kahn obtained a $500,000 settlement for a man who suffered a several year delay in the diagnosis of a tumor in his mouth, which led to more extensive treatment and surgery that would have been necessary if the tumor had been more timely diagnosed.