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NEWSLETTER ARCHIVE

Newsletter – Spring 2011

Spring Newsletter 2011
In This Issue

 

Harmed by a Doctor? Injured in the Hospital?

Tom Casey Recognized by St. Louis Trial Bar

Success in the Courtroom

Contact Details

Harmed by a Doctor? Injured in the Hospital?

We regularly hear from someone who wants to discuss a potential medical malpractice case. Oftentimes, the caller is seeking information after the health of a spouse, elderly parent or child has taken a turn for the worse after a medical procedure. The family is frustrated by the lack of information provided to them by the patient’s physician or hospital staff.

Usually, the call ends with the following question: “Do we have a case?” There is no tougher question for us to answer. And, a lot of investigation and analysis goes into our firm’s decision whether to help someone pursue a medical negligence case.

There are several questions we attempt to answer before offering a contractcommitting or the time, effort and money necessary to pursue an investigation. Those questions are:

1. Did the patient recover?
Reality is that medical negligence cases are expensive to prosecute. An injured party cannot file a case in Missouri without a written opinion of a qualified health care professional addressing whether the patient suffered injury because of the failure of to provide adequate care. Discovery is often extensive, expensive and time consuming. The prosecution of a case requires the commitment to expend the necessary time and money to press the matter.

Accordingly, if the patient recovered, is back to her normal activities, missed little work or has no long-lasting problems or need for future medical care, the claim probably is not viable – no matter how poor the medical care or judgment that she received. The fact that a patient died, is disabled in some way or will require additional treatment into the future suggest that a claim may be worthy of investigation.

2. How healthy was the patient prior to the bad event?
Medical negligence cases in which the patient has pre-existing issues, especially issues that could explain a poor result, are difficult to prosecute. In such cases, the provider and its lawyer possess built-in defenses to the malpractice claim.

Better cases are those in which the patient suffers injury that is difficult to explain or rationalize in light of the patient’s health or background, especially when the patient has undergone a treatment that is considered to be low-risk

3. What is the patient’s goal?
Our initial consultations always include the question: “Why are you at the office?” Wanting to prove a point, show a doctor “who’s the boss” or punish a provider for bad bed-side manner are not reasons to pursue a claim. At the end of the day, any plaintiff in a medical negligence case, must show that she received substandard care and, as a result, suffered injury. A bad attitude never justifies the filing of a claim.

Of course, we consider each matter on a case-by-case basis. And, all of us remain willing and able to provide a free initial consultation to discuss your matter.

For more information, please feel free to call one of us or review our website at: http://www.caseydevoti.com/areaofpractice.php#mm.


Tom Casey Recognized by St. Louis Trial Bar

We are pleased to announce that Tom Casey has been selected to receive the Award of Honor from the Lawyers Association of St. Louis. The Lawyers Association has annually awarded the Award of Honor since 1946 to a:

member of the Bar of St. Louis whose attainments as a trial lawyer and whose record of honorable service to the profession and whose career as a citizen merit such recognition, not as a reward but as an example that may inspire others to noble purpose and honorable effort in the profession of the law. . .

The Lawyers Association is the association of trial attorneys practicing in the St. Louis metropolitan area. Membership includes both plaintiff and defense attorneys and members of the federal, state and local judiciary.

Tom will receive the Award of Honor at a banquet held in his honor on Friday, April 16 at the Hyatt in downtown St. Louis.

 


Success in the Courtroom

Matt Casey and Matt Devoti have continued to experience success in the courtroom.

In mid-February, Matt Devoti tried a motor vehicle collision case to conclusion in Rolla. The jury of Phelps County residents found in favor of Matt’s client. Matt’s client claimed that he suffered mid-back injury when another motorist ran a red light in Rolla. The jury awarded a verdict three times the last settlement offer made by the insurer prior to trial. Allstate Insurance Company insured the motorist who caused the crash.

In late March, Matt tried another automobile accident case. At the conclusion of the case, a Ste. Genevieve County jury again found in favor of Matt’s client. The client claimed that she suffered an injury to two tendons in her shoulder when a second motorist failed to stop at a stop sign. The treating physician testified at trial, telling the jury that the client suffered a full thickness tear to the tendons as a result of the collision. Again, the jury awarded Matt’s client more than the last pre-trial offer made by the insurer. State Farm Mutual Automobile Insurance Company insured the defendant motorist.

Also, Matt Casey won a Workers’ Compensation claim on behalf of an injured worker. The worker made a claim against the Second Injury Fund after successfully resolving his knee claim against his employer. The worker suffered from multiple health issues before being hurt on the job, including congestive heart failure and diabetes. This claim was the second Matt has won against the Second Injury Fund in the last three months.


Our Contact Information

Do you, a family member or friend need help? Please feel free to contact us at:

By Telephone
(314) 421-0763

By E-mail
Thomas J. Casey – tjc@caseydevoti.com
Matthew J. Devoti – mjd@caseydevoti.com
Matthew C. Casey – mcc@caseydevoti.com

We are happy to meet with you for an initial consultation free of charge.

 

10 South Broadway, Suite 825, St. Louis, MO 63102
314-421-0763
Copyright 2009 Casey & Devoti

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