After your attorney has filed a lawsuit for you, you’ll undoubtedly hear the term “discovery.” What is “discovery?”Discovery is the phase of the litigation before trial. This is when both sides try to “discover” everything they need to about the other side’s case–how the negligence occurred, how the plaintiff was injured, the nature and extent of the injuries, extent of wage loss, defenses etc. Whether your case is a simple personal injury suit involving an auto accident, or a more complex case involving medical malpractice or product liability, the basic process is similar, involving the same steps.Usually, the first thing that will occur is that the attorneys for all parties will exchange written discovery.Written discovery will usually consist of one or more of all the following:Interrogatories: These are written questions that you and your attorney will answer together. Your attorney will usually send these questions to you or have you come into the office to review them. These questions are answered under oath and under penalty of perjury. Usually, but no always, these questions will ask about basic information such as identity of your medical care providers, amounts of your bills, whether you’ve given any statements, etc.Requests for Documents: Fairly self explanatory. These are requests for your to produce documents such as medical records, tax returns and pay stubs to prove lost income, medical authorizations to allow the defense to gather their own copies of your medical records, and things like photos and Xrays.Requests to Admit: These are written statements which a party must admit or deny. If the party admits the statement, then the requesting party is relieved of having to prove this statement at trial and the answer can merely be submitted to the jury. Requests to admit are often used to narrow the issues in a case and establish basic facts.Usually the next stage of discovery involves depositions. A deposition is a question and answer interview conducted by the other party’s lawyer. Testimony is taken and recorded by a court reported and transcribed into a booklet for later use. Depending on your jurisdiction, this testimony may be directly admissible in court. A deposition may be the only testimony you give in a case and it is important that you are properly prepared to answer the type of questions that will likely be asked.In many cases, the attorney’s will produce expert witnesses to give testimony on certain aspects of your case. The testimony of a treating doctor as to how your injury happened and the type of medical care you received to treat it is one type of expert testimony. In some cases, you may have expert testimony on things such as accident reconstruction or product defects. In a medical malpractice case doctors or other health care providers will give testimony as to how the defendant was negligent.These are the basic steps of the discovery process.If you are in need of an attorney for a personal injury, auto accident, medical malpractice, wrongful death or product liability case, please call Todd N. Hendrickson for a free consultation.
A recent article on CNN Health discusses “How to avoid falling victim to a hospital’s mistakes.” The article contains good advice for avoiding identification mistakes such as mixing you up with another patient or operating or performing procedures on the wrong side or wrong body part.Their advice?1. Clearly identify yourself, using your full name and your date of birth and state the reason you are there, such as “I am here for gollbladder surgery”.2. Demand that they check your ID bracelet. Why? Because nurses, techs and doctors are supposed to confirm your identity in two ways–usually verbally and by the ID bracelet.3. Demand that they confirm in your chart what they are doing.4. If having surgery, demand that the surgeon mark up your surgical site before you are anesthetized. Better yet. My advice? Do it yourself! If you are having surgery on your right knee, mark “NOT THIS KNEE” on your left knee. Surgery on the wrong side is not uncommon. It happens so regularly that Medicaid/Medicare has declared that they will no longer pay for such mistakes.5. Be impolite. If you suspect that something is wrong, don’t simply assume that the nurse or doctor is right. Ask questions, demand answers.Your best defense against medical malpractice? Ask questions. Demand answers. Write down what is going on and what is said. If you get conflicting information or orders, demand an explanation. Nurses refer to people who do this as “scribblers.” But if you ask nurses and doctors what they do when their spouse, child, or parent is int he hospital and they will all tell you that they become “scribblers”. You’d much rather be known as a scribbler than need the services of an attorney.But … if you do, please call or contact me.Todd N. Hendrickson, P.C.
We’ve all heard the talking heads and seen the news stories: “There are too many frivolous lawsuits,” “doctors are fleeing because of malpractice suits,” and “malpractice claims have driven up health care costs.” The fact is, these are simple myths touted by the insurance industry to frighten us so that we help them to remain as the most profitable industry in the country.A new paper by the American Association for Justice debunks these myths.For example:Myth: Malpractice claims drive up health care costs.Truth: The total cost of paying and defending malpractice claims is less than 1% of the cost of health care–in fact, .3%.Myth: Doctors are fleeing/Truth: According to the AMA the number of doctors is continually increasing, not decreasing.Myth: Tort reform will lower doctor’s insurance premiums.TruthL Tort reform has never resulted in lower premiums for doctors. What it has resulted in is increasingly larger profits for insurance companies.Know the truth about the malpractice myths.
On October 1, 2009. a jury in the Federal District Court of Southern Illinois in Benton, Illinois returned a $600,000 verdict in a difficult survival action. I represented the Estate of Jennifer DeArmon in a case against Primary Care Group and Dr. Vinay K. Mehta, a general surgeon.After 4 days of evidence, the 7 person jury took less than 90 minutes to find that Dr. Mehta was negligent in perforating the superior vena cava (the main vein returning blood to the heart) while placing a central veinous catheter. Jennifer DeArmon, who suffered from a form of muscular dystrophy, had been wheelchair bound since age 6. Her disease, anterior horn cell disease, progressively weakened her muscles, leaving it difficult for her to cough and clear her lungs, resulting in frequent bouts of pneumonia. She had been hospitalized for two weeks in December 2004 before Dr. Mehta attempted to place the catheter. As a result of the perforation, Jennifer was transferred by air ambulance to another hospital. She was hospitalized for more than 2 months following the perforation and her health deteriorated. In July 2005 she passed away from unrelated causes.It was my honor and pleasure to have met Jennifer shortly before her death and to go on and represent her Estate.If you or a loved one has been injured as a result of medical malpractice, please contact me at 314-721-8833 or use the Contact form on this page.
The St. Louis Post Dispatch reported on June 11th that Dr. Alexander Kalk, a family practice physician from Creve Coeur, has closed his practice, thrown confidential patient medical records in the trash and has left Missouri. Dr. Kalk was facing licensing discipline from the Missouri Board of Healing Arts. He may also be facing criminal charges regarding his handling of patient medical records.I am familiar with Dr. Kalk, have previously prosecuted a medical malpractice case against him when he was working as a staff physician at a St. Anthony’s walk in clinic. These allegations of bizarre behavior, including living in his medical office, have existed for some years.If you or a family member has been injured as a result of the negligence of Dr. Kalk, you may have a cause of action, not only against him, but quite possibly any hospital that granted him privileges. He was most recently on staff at Missouri Baptist Medical Center. Hospitals generally have a duty to patients to only grant privileges to physicians who are qualified and properly trained. Please contact The Law Office of Todd N. Hendrickson to discuss your case.
The New York Times has reported that Medtronic, a prominent manufacturer of medical devices and products, such as infusers, defibrillators and other items, has paid $788,000 to U.S. Army doctor, Timothy R. Kuklo, who was found to have faked results of a study published in a British medical journal.Dr. Kuklo is now on staff as an assistant medical professor at Washington University, here in St. Louis. Dr. Kuklo is an orthopedic surgeon specializing in adult and pediatric spine surgery.If these allegations prove true, it is shocking that Washington University would employ such a physician to train future generations of orthopedic surgeons. It would also call into question all Medtronics studies. These studies are submitted to the FDA to obtain approval of medical devices and products, and if physicians are being paid what seems to amount to bribes, then the truthfulness of their study results are certainly called into question.If you have any questions or concerns regarding Medtronic products, or care rendered by Dr. Kuklo, please do not hesitate to call The Law Offices of Todd N. Hendrickson. I have successfully prosecuted cases against medical devices manufacturers, hospitals and physicians throughout Missouri and Illinois and I have particular experience in handling orthopedic cases, including hip and knee replacements.
Consumers Union, a national non-profit organization, has just released a new report that follows a landmark report of 10 years ago. Unfortunately, the new report isn’t good news.In To Err is Human – To Delay is Deadly, the group reports that more than 99,000 people die each year in the United States from medical errors. This is up from the figure of 98,000 deaths per year reported by the Institute of Medicine in 1999. In the the intervening 10 years, we have made no progress.What are some of the reasons for this disturbing lack of improvement? Consumer Union reports that, among many reasons, few hospitals have adopted well-known systems to prevent medication errors and that the FDA rarely intervenes. Medicine, as an industry has failed to adopt transparent systems for reporting errors. The medical industry has failed to raise standards for competency of doctors, nurses and other health care professionals.Consumers Union makes this disturbing analogy: 99,000 deaths per year is equivalent to a jumbo jet full of passengers crashing and killing everyone on board every other day. In no other industry would Americans allow these kinds of errors to continue to occur.I struggle every day to bring accountability to those who have injured or killed patients. If you or a family member are a victim of medical negligence, contact me at stlpersonalinjury.com.
The Law Offices of Todd N. Hendrickson are accepting cases involving possible surgical site infections caused by contaminated forced air warming devices. In many surgeries hospitals utilize a forced air warming device to maintain the patient’s body temperature. The most commonly used of these devices is Arizant’s Bair Hugger (R). These are essentially large driers which blow hot air through a perforated warming blanket.Our investigations indicate that these devices may trap and contain bacteria, forcing it onto the patient during surgery.If you or a loved one has suffered a surgical site infection you may have a claim. Please contact us to discuss your case.
The World Health Organization has outlined simple steps that hospitals can take to reduce surgical mistakes, reported the New York Times. Simple procedures like utilizing a “time out” in which all members of the surgical team, before any incision, agree on the identity of the patient, the type of procedure that is being performed and, if appropriate, identifying the correct limb involve, such as right knee v. left knee. Many of these steps, such as getting an accurate count of needles and sponges during the procedure and identifying that the same number of have been removed from the patient after the procedure, have been standard procedure in American hospitals for years. But introducing these simple steps to hospitals world-wide will reduce infections and iatrogenic injuries world-wide.
The Food and Drug Administration has called for stronger warnings to be placed on epilepsy drugs such as Topamax, Lamictal, Lyrica, Neurontin, Tegretol, and Trileptal that use can cause an increased risk of suicidal thoughts or even actions. The FDA reviewed studies conducted since the original warning labels were approved which show that patients on these drugs have an increased risk of suicide and suicidal thoughts when compared with dummy pills.If you or someone you know has been injured as a result of these or other defective drugs or medical devices, you should contact The Law Offices of Todd N. Hendrickson. Contact Todd N. Hendrickson for a free consultation.