In this episode of Just Verdicts, Brendan Lupetin is joined by guest Sud Patel, who provides a comprehensive look at the strategy of binding arbitration in medical malpractice cases. While many practitioners rely solely on jury trials, Patel argues that binding arbitration is an increasingly valuable tool for resolving complex medical negligence claims.
In this episode of Just Verdicts, host Brendan Lupetin sits down with nationally recognized jury consultant Harry Plotkin. With over 20 years of experience and a background in psychology, Plotkin has consulted on some of the largest plaintiff verdicts in the country, including the recent landmark Sanchez case in New Mexico. The discussion delves into the common mistakes trial lawyers make, the psychology of “choice” in openings, and how to navigate jury selection in conservative or restrictive venues.
It is a terrifying scenario that plays out in living rooms across Pennsylvania far too often. Your loved one was treated in the Emergency Room or underwent surgery. The doctors said everything went well. They signed the discharge papers, handed you a packet of instructions, and sent you home. But within 24 to 48 hours, something changes. They become hot to the touch. They start shivering. But most alarmingly, they aren’t making sense. Maybe they don’t know where they are, they are slurring their speech, or they are excessively sleepy and hard to wake.
Many clients come to us not only looking for accountability, but also hoping that by pursuing a lawsuit, they can help prevent the same harm from happening to someone else. It’s one of the most important and compassionate reasons to take legal action. But after a lawsuit is filed, do doctors and hospitals really learn from their mistakes? The answer is: sometimes yes – but not always.
For many people considering legal action after a devastating medical error, one question looms large: “If I file a medical malpractice lawsuit, will the doctor lose their license?” It’s a fair and thoughtful question. Let’s unpack why that is – and what really happens when you file a malpractice case in Pennsylvania or anywhere else in the U.S.
In the high-stakes case of Brown v. Medical Faculty Associates, attorneys Katie Bertram and Kieran Murphy of Bertram & Murphy secured an exceptional $25 million verdict for a client whose cancer diagnosis was delayed by three years. By the time the correct diagnosis was made, the cancer had metastasized, transforming a potentially curable condition into a terminal one.
Attorneys Eric Chaffin and Justin Joseph of Chaffin Luhana secured a $130,000 verdict for a client injured by a garbage truck. While the defense admitted liability shortly before trial, the case became a hard-fought battle over the extent of the plaintiff’s injuries and his credibility. Brendan Lupetin discussed the case with the victim’s attorneys on Just Verdicts podcast episode 49.
The difference between a “bad result” and a medical mistake lies in the Standard of Care. A bad result is often a known risk or complication that occurred despite the doctor doing everything correctly. A medical mistake (negligence) occurs when a healthcare provider deviates from accepted medical standards, causing a preventable injury or death.
When you sign a consent form prior to a surgical procedure, it is an acknowledgment of risk, not a permission slip for negligence. In Pennsylvania, you cannot sign away your right to be treated with the proper Standard of Care. If the injury was caused by a preventable medical error, that signature does not stop you from filing a malpractice lawsuit.
If you are suffered an injury due to medical malpractice in Pennsylvania, and moved to another state after the incident occured, you must file the lawsuit in Pennsylvania. Thanks to modern technology, meetings and depositions can typically be handled remotely. Be sure you understand how PA laws apply to your case.
Although the time limit for a child’s medical malpractice claim does not start until they turn 18, the “Parents’ Claim” generally has a strict 2-year deadline from the date of the injury. If you wait until the child is older, you may be permanently barred from recovering the millions of dollars spent on their NICU care, surgeries, and therapy during childhood.
There is a common misconception that non-profit organizations like UPMC and AHN can’t be sued in cases of medical malpractice. This is generally false for the major hospitals, as they are legally separate from the state. They cannot hide behind “governmental immunity” to avoid paying for catastrophic mistakes.
