I no longer practice medical malpractice, I contain my practice to personal injury (I do refer out viable cases in the malpractice area) but when I did, I handled the case which spoke to my heart.
In my last blog, I discussed why I became a personal injury attorney.
A friend referred a case of wrongful death. A devoted mother, 38 years old, went into the hospital for an elective procedure to remove an umbilical hernia under IV sedation (safer than general anesthesia, usually). She had a 10-year-old son and a 13-year-old daughter.
The anesthesiologist never calibrated the machines before the procedure, and she died of completely avoidable hypoxia (oxygen deprivation).
The case was settled before the defendant doctor event testified at a deposition. His medical group fired him.
The little girl was deposed, and she wanted to have her say. In a room full of attorneys, she asked each attorney who they represented (the anesthesiologist, surgeon, professional corporation, hospital, etc.). When the attorney for the target defendant (the anesthesiologist) was asked, he wanted to know why. The daughter said I want to know what the man looked like that killed my mother. She said it on her own. She needed to say it in this setting.
I felt like I gave this young girl the chance to reclaim her power. It is the seminal case of my life.