Successfully Arguing Standard of Care
In medical malpractice cases, standard of care is the bulwark that protects physicians who have provided reasonable care to their patients—provided your attorneys know how to apply it in your defense.
In a recent four-day malpractice case, our attorneys Cliff Acord and Eric Ochotorena had to unpack and analyze a complicated set of circumstances. A breast cancer patient treated by our client was diagnosed with thrombotic thrombocytopenic purpura (TTP), and was treated with plasma exchange, which resulted in improvement of her symptoms. When she returned to the hospital with similar symptoms, our client advised that admission to the hospital was not warranted.
When the patient died, the certificate signed by our client listed TTP as one of the causes of death. The plaintiff argued that earlier diagnosis and treatment in the hospital would have prevented the patient’s death. However, our defense—that the standard of care did not require admission to the hospital—was successful in the end.
Our defense was successful in the end.