Medical Liability Litigation

Liability Litigation Defense for Medical Professionals

Lawsuits brought against health care professionals – particularly unfounded claims of malpractice – can threaten a provider’s productivity, reputation and financial well-being.

Rosenblum Newfield provides specialized Medical Liability Litigation defense to physicians and insurers. Medical liability litigation is complicated. Jurors and other laymen may not comprehend the medical issues. The perception that insurance is available may also sway decisions in a plaintiff’s favor. The increasing role of state disciplinary agencies adds further challenge to any medical complaint.
Medical Professionals

Rosenblum Newfield has extensive experience representing medical professionals. Its attorneys attend medical as well as legal seminars to develop an in-depth understanding of the medical issues they address. This empowers them to educate juries about the medicine, explaining why claims are unjustified. It also helps in selecting the most appropriate expert witnesses.

The firm handles complex liability lawsuits in all medical fields, including:

  • Obstetrics
  • Anesthesiology
  • Pediatrics
  • Neurosurgery
  • General Cardiology
  • Interventional Cardiology
  • Orthopedics
  • Gynecology
  • General surgery
  • Internal Medicine
  • Pathology

Anesthesia Liability

including general anesthesia, regional anesthesia and pain management

The firm has extensive experience in representing anesthesiologists and has an excellent track record in prevailing on anesthesia cases. There are, of course, a wide variety of issues which may arise. Many times, they involve the adequacy of monitoring, particularly in so-called out-patient medical centers or in “day surgery” suites within hospitals.

Recognizing that CRNAs work with anesthesiologists and that skilled CRNA’s are usually well-trained and diligent, it is easy to defend the fact of monitoring. However, they are still vulnerable to claims that the scope and extent of monitoring could or should have been more extensive or that subtle problems were not appreciated before they became more significant.

The types of adverse results which arise from anesthesia cases are often varied. In some cases, a patient’s “pre-morbid” pathology may be so complicated that it is difficult to attribute any particular complication to any particular pre-existing condition or any intra-operative event. In many cases, the cause of the complications is simply unknown with the degree of probability required in court. Consequently, the firm is experienced in pursuing the variety of areas of expertise that may be necessary to try to explain adverse events.

Finally, the field of anesthesia is diverse, involving general anesthesia, regional anesthesia, and pain management. The firm has had detailed experience in and has worked with leading experts in all of these fields.

Cardiology

The firm has extensive experience in representing cardiologists and has an excellent track record in prevailing on these cases.

Cerebral Palsy

The firm has extensive experience in representing cerebral palsy cases and has an excellent track record in prevailing on these cases.

General Surgery

The firm has extensive experience in representing general surgery cases and has an excellent track record in prevailing on these cases.

Obstetric liability

The firm has had extensive experience in representing obstetricians against claims involving improper pre-natal and peri-partum care. Fortunately, the frequency of these claims has declined. Unfortunately, the stakes of such cases – involving children with cerebral palsy – is enormous. Adverse verdicts are likely to be in the tens of millions of dollars.

A major factor giving rise to such cases is that issues arise quickly, requiring judgments about complex factors. There continues to be controversy about fetal heart monitoring. In retrospect, when adverse results occur, it is easy for plaintiff’s experts to characterize strips as heralding problems. The second stage of labor may reflect problems not otherwise predictable. The existence of “risks” to vaginal deliveries enables plaintiff’s counsel to claim that “risks” could have been avoided and a safe delivery produced, by simply doing Cesarean Sections. Meanwhile, medical studies show increasing risks associated with increasing C-Sections.

It is obvious moreover that severely handicapped children weigh heavily on jurors who lack the real appreciation needed to properly judge obstetricians. It is always tempting for laymen to second-guess obstetricians, and simply ignore the judgments they have to make and the rules they live by.

So, defending such cases is never easy. It requires not only courage but a detailed appreciation for factors which guide obstetricians, an ability to simplify complex principles, and an ability to limit the amount of facts in controversy. Since adverse outcomes are often due to underlying pathology not demonstrated until after birth, and since adverse outcomes may be affected by neonatal treatment after birth, these cases also require a detailed understanding of neonatology and placental pathology. The firm has had extensive experience – and training – in these areas. The experience has been in court. The training has included courses in placental pathology, including a Harvard Medical School Course for pathologists on the subject.

Perinatal Medicine

The firm has extensive experience in representing cases in perinatal medicine and has an excellent track record in prevailing on these cases.

Placental and Neonatal Pathology

Placental pathology is an important, highly complex area, involved in defending obstetrical liability cases since adverse outcomes may not be appreciated until after an infant is born and after the placenta has been examined. Similarly, the timing and extent of newborn infections may not be fully appreciated until after pathological analysis of the infant’s brain. The firm has had extensive experience – and training – in these areas. The experience has been in court. Training has included courses in placental pathology, including a Harvard Medical School Course for pathologists on the subject.

Shoulder Dystocia

The firm has extensive experience in representing cases of shoulder dystocia and has an excellent track record in prevailing on these cases.

Liability Litigation Defense for Nursing Homes

The aging of the ‘baby boomers’ is creating the need for more skilled nursing beds. Along with the growth of the nursing home industry comes an increase in claims of nursing neglect and abuse.

These are serious charges which are often unfairly levied against nursing homes. Such claims can often stem from misperceptions among patients’ families and misperceptions about the role of nursing homes – that they ‘homes’, not ‘hospitals’.

Rosenblum Newfield has successfully represented nursing homes in New York and Connecticut, both at trial and on appeal. The firm brings to bear broad and deep experience in areas of the law specific/unique to nursing homes:

  • Extensive, state and federal regulations
  • Rules, regulations and protocols
  • Record keeping

Liability Litigation Defense for Home Health Care Agencies

As health care costs continue to rise, and as the need for elder care explodes with the aging of our population, home health care agencies are, in many cases, providing a more cost effective alternative to inpatient skilled nursing care.

Providing care in the intimacy of the patient’s home can lead to liability claims similar, in some cases, to those possible in nursing home care, and some that are very different. In the home, there is often greater interaction with families and patients may have more independence than they would in a nursing home setting. In addition, care is often provided one-on-one so there may be no other health care professionals on site to corroborate adherence to proper protocols.

Rosenblum Newfield has the experience and track record of success to defend home health care clients against claims related to: falls; medication problems; management of medical emergencies; psychiatric problems; intravenous care; pressure sores & wound care; oxygen administration, pediatric care, transportation issues and accidents.

Health Care Law

The firm has extensive experience in representing health care law cases and has an excellent track record in prevailing on these cases.