What It Takes to Uncover the Truth in a Medical Malpractice Case
In this video, attorney Stewart Eisenberg talks about how important it is to have an experienced lawyer to uncover the truth in a medical malpractice case. Stewart recounted a cancer misdiagnosis lawsuit he handled where a medical expert told him nothing could have been done to save his client. However, Stewart trusted his experience from handling these types of cases before and continued to investigate. He eventually unearthed evidence that helped secure the truth in a medical malpractice case.
I represented a young boy who was twelve years old and he lost his mother to cancer. And she was a single parent. She was going to school to get her master’s degree in nursing. She was a nurse. And she was everything to this young boy. The case started as a failure to diagnose cancer case. And that means that the doctors that she was seeing, as a young woman, failed to recognize certain symptoms that were indicative of cancer that she had. At the time that the cancer was ultimately diagnosed, it was too late for her. Had they diagnosed the cancer when they should have, she would have lived. Now this case went to trial. And when it was time for the doctors and the hospital to put on their case, they put up a witness who was a very well recognized and famous OBGYN in the city. And he was testifying and he said to me “This is the standard of care and the doctors followed the standard of care, which means that the doctors did everything right and it says it right here in this textbook.” And he said that’s been the standard of care forever. And I said, you know, that just can’t be right. I need to look at this a little further. So I called up a friend of mine who’s an OBGYN and I said, do you have this textbook for medical school? I just want to take a look at it. And sure enough, the textbook that applied to my case and my young woman who died of cancer said something different than what the doctors said the textbook said. The reason was, the textbook that I looked at that evening at my friend’s house was written before the textbook that the OBGYN had on the witness stand. And the textbook that I had, was the textbook that was supposed to be enforced and was the standard of care at the time that my client was treated and the time that my client died. So really that doctor on the witness stand was not telling the truth. And we won that case because their expert lied on the witness stand. And that’s something that you run across from time to time. But not too often. And when you do, you know that you can ultimately help that client who has left a twelve year old son to be raised by his grandparents, you can make a difference in his life.