TYPES OF MEDICAL MALPRACTICE CASES HANDLED:

  • Informed consent claims
  • Battery claims
  • Elder abuse claims
  • Product liability claims
  • Failure to diagnose
  • Standard of care
  • Wrongful death
  • Nursing and hospital liability
  • Dental malpractice
  • Chiropractic malpractice
  • Nursing home claims
  • General surgery, anesthesia, psychology, urology, psychiatry, plastic surgery, orthopedics, OB/gynecology, neonatology, pediatrics, staff privileges
  • Failures to diagnose heart conditions, cancer, retained foreign bodies
  • MICRA issues


REPRESENTATIVE CASES:

  • Medical Malpractice/Wrongful Death of a 15 year old mentally ill teenager with history of homicidal violence. He assaulted and tried to kill his psychiatrist.  He was placed on Clozaril and died as a result of reaction to drug.  Informed consent issues.

  • Plaintiffs alleged that Defendants’ negligence resulted in severe injuries to child, including a fractured cervical spine and other traumatic cervical spine injuries resulting in acute respiratory failure, hypoxic ischemic encephalopathy, neurological impairments and other severe and permanent injuries. 

  • Plaintiff was decedent’s wife. She claimed her husband was seen by defendant doctor for sinus pain at his office and he prescribed amoxicillin and steroid for sinus infection. Decedent was allergic to amoxicillin. Another doctor recommended surgery for a possible sinus mass. He performed exploratory excision of the nasal septum   He did no pre-op testing for fungal culture or bacterial sensitivity. During the surgery, decedent had a heart attack. Cardiologist convinced him to have heart surgery. Decedent had heart surgery.  None of the doctors involved did any bacterial testing, meanwhile fungus was invading his body. Ultimately, it invaded the brain, the blood, and eyes. Two weeks after nasal surgery, decedent went blind and later died.

  • Medical malpractice.  Plaintiff, an M.D., underwent coronary artery bypass graft surgery.  Two days post-operation he developed complications including a bowel perforation, requiring emergency surgery to repair the bowel.

  • Medical Malpractice/Wrongful Death. Woman with long history of heart problems died during angiogram.  Husband claimed failure to obtain informed consent, and negligence in performance of the procedure.

  • Medical Malpractice/Wrongful Death involving patient who had three episodes of chest pain.  Patient was seen by defendants who did not feel chest pain was cardiac in origin and discharged him. He died 90 minutes later at home.

  • Surgery to perform pelvic organ prolapse, with complications ultimately resulting in loss of one of plaintiff’s kidneys and surgical removal of some mesh.  Plaintiff alleged failure to warn, failure to perform necessary and regular diagnostic tests, and failure to diagnose post.

  • Plaintiff alleged that defendant (deceased at the time lawsuit was filed) negligently examined her right foot resulting in a right trimalleolar ankle fracture.

  • Medical malpractice suit involving claim of loss of the vestibular system and hearing following treatment with antibiotics for a post-surgical wound infection.

  • Medical malpractice suit claiming failure to confirm a diagnosis of HIV and needless treatment for HIV infection.

  • Psychiatric malpractice action involving allegations of negligent supervision of therapists who were treating the plaintiff for multiple personality disorder and abuse.

  • Medical malpractice action in which plaintiff alleged that defendant failed to diagnose and treat congestive heart failure in a diabetic male, resulting in his death at age 48.

  • Plaintiff alleged defendant doctor failed to timely diagnose and treat sudden onset pain and weakness in the left leg, reulsting in gangrene and a below the knee amputation.

  • Medical malpractice matter in which the plaintiff claimed failure to timely diagnose and treat symptoms of a cerebral vascular accident/minor stroke.  Following an embolectomy, she had a rapid recovery.

  • Medical malpractice matter in which plaintiff had bilateral breast implants as cosmetic surgery.  She developed capsular contractures, alleged negligent surgery, and lack of informed consent. 

  • Medical malpractice matter where plaintiff presented to her doctor having had a positive home pregnancy test, pain in the right lower quadrant, and a palpable mass in the area.  Eventually she required removal of a portion of her right fallopian tube.  She alleged failure to timely diagnose an ectopic pregnancy.  Allegations of chart alteration.

  • Wrongful death and medical malpractice matter wherein plaintiff presented to defendant hospital following an auto accident.  She had been hospitalized for two (2) weeks following the accident, was released, and then re-hospitalized the next day. 15 hours later she died of a pulmonary embolism. Her widower claimed failure to diagnose a pulmonary embolism.

Medical Malpractice

Representative Cases


Judge, Orange County Superior Court (Ret.)

Hon. MARY FINGAL SCHULTE