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How We Have Helped: Medical Malpractice Case Results

Case Name: Ramon Doe v. Hospital
Summary: A baby was born at a hospital. During the birth, he suffered from pre-delivery asphyxia which resulted in Hypoxic Ischemic Encephalopathy. The hospital should have performed an emergency cesarean section, but instead allowed the baby to be born vaginally, resulting in an essential partial suffocation of the baby. In their claims against the hospital, plaintiffs claimed that the conduct of the physicians and nurses fell well below the applicable standards of care for treating pre-delivery asphyxia.
Recovery Range: $2,000,000 - $3,000,000

Case Name: Carol Doe v. Doe Doctor; Doe Medical Group; Doe HMO
Summary: Defendant doctor unnecessarily removed the ovaries of a 29 year old woman, which later caused the need for an emergency hysterectomy. During the hysterectomy, the doctor sliced into the woman's bladder several times, requiring extensive surgeries to repair it. The doctor had a criminal record which had led California's medical licensing board to impose probation of his license to practice medicine. Nonetheless, the medical group and the HMO kept the doctor on their list of "preferred" providers. Plaintiffs sued the doctor for the two negligent surgeries and the medical group and the HMO for keeping the doctor on their list of providers.
Recovery Range: $1,000,000 - $2,000,000

Case Name: Amelita Doe v. Big HMO
Summary: Amelita Doe sued Big HMO for the wrongful death of her husband, Oscar. He went to the urgent care department at Big HMO Hospital A on two consecutive days, with symptoms that required he be worked up for pneumonia. Both days, the doctors failed to provide such a work up. When Oscar was finally diagnosed at Big HMO Hospital B's emergency room on the third day, he was already suffering from multi-system organ failure. He was admitted to the hospital, where he continued to receive substandard care, and died twelve days later at the age of 57.
Recovery Range: $650,000 - $1,000,000

Case Name: Sid Doe v. Big HMO
Summary: Sid Doe suffered an intra-articular fracture of his right knee while working as a carpenter. Over the course of eleven months, his orthopedists, radiologists, and other doctors at Big HMO all failed to properly diagnose the fracture and to properly treat it. As a result, the knee healed mal-aligned with a severe valgus deformity which caused pain. Due to his doctors' negligence, he will need a total knee replacement.
Recovery Range: $400,000 - $650,000

Case Name: Kelly Doe v. Hospital
Summary: Kelly Doe went to Hospital for a routine endoscopic sinus surgery to remove some nasal polyps. The surgeon became confused and broke through her cribriform plate in her skull, causing intracranial bleeding and permanent mild brain damage. The puncture caused permanent impairment to plaintiff's memory, decision making, and multi-tasking abilities. (Note: Plaintiff was only entitled to recover $250,000 from Hospital for her pain and suffering because California law caps what a victim in a medical malpractice case can recover for pain and suffering to just $250,000.)
Recovery Range: $400,000 - $650,000

Case Name: Mr. & Mrs. Doe v. Psychiatric Facility
Summary: Plaintiff, a carpenter with no history of mental illness, developed depression. He admitted himself to an acute care psychiatric facility, where he was admitted to a locked unit. Plaintiff told a mental health technician that he wanted to leave the facility. In direct violation of hospital policy, the technician did not report plaintiff's statement to the charge nurse nor to the treating psychiatrist. Plaintiff became increasingly agitated and distraught. He removed the end of his bed, went to his window, and repeatedly slammed it into the glass. After several minutes, the glass shattered and he jumped. Plaintiff suffered a complete burst fracture of T12, bilateral pneumothoraces and a complete spinal cord injury at T12-L1 (meaning paraplegia). The plaintiffs sued defendant for negligence.
Recovery Range: $400,000 - $650,000

Case Name: Bruce Doe v. Hospital
Summary: An emergency room nurse negligently inserted an intravenous needle into plaintiff's left wrist, permanently injuring his left radial nerve. As a result, he suffered a disabling, severe pain syndrome with very limited function of his left wrist and hand. Plaintiff sued the hospital for negligence.
Recovery Range: $400,000 - $650,000

Case Name: Doe Parents v. Hospital; Obstetricians
Summary: Doe Parents sued Hospital and Obstetricians for their failure to recognize non-reassuring fetal heart tones during labor and delivery of their twins. One of the twins, Baby C., passed away during delivery. Had defendants properly responded to the babies' distress and performed a cesarean section, Baby C. would have survived. Instead, both babies' distress went totally ignored by multiple obstetricians and nurses until after the delivery when it was too late to save Baby C.'s life. Doe Parents brought wrongful death and emotional distress claims against the defendants.
Recovery Range: $250,000 - $400,000

Case Name: Jeffrey Doe v. Doctor
Summary: Jeffrey Doe, a military veteran, sought treatment from Doctor, a urologist. Doctor acted inappropriately in a number of ways, including performing an unnecessary number of genital and rectal exams and exposing himself to Jeffrey. Another patient had previously made similar accusations against Doctor. Doctor eventually surrendered his license to practice medicine as a result.
Recovery Range: $100,000 - $250,000

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Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

Balamuth Law has helped hundreds of people resolve their claims and obtain justice. Please look at some of our case results in our different practice areas to see how we have helped.

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It was a pleasure working with you, and we feel very comfortable recommending you to anyone who comes our way who needs a personal injury lawyer. Wishing you continued success in your practice! We recommend you highly.

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Walnut Creek Medical Malpractice Attorney Disclaimer: The information and materials contained on this web site do not constitute legal advice and are presented without any representation or warranty whatsoever, including as to accuracy or completeness. They are not intended to create, and receipt of them does not establish, an attorney-client relationship between you and Balamuth Law. You should not act upon this information without seeking professional counsel.

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