John M. Drath, Esq.

Mediator  •  Arbitrator

Medical Malpractic

REPRESENTATIVE CASES

  • Plaintiff's complaint of knee/thigh pain misdiagnosed as hematoma when it in fact was a synovial sarcoma. By the time it was recognized it had metasticized to the lungs and his leg needed to be amputated above the knee. Defendant contended that the hematoma diagnosis was not unreasonable given the MRI and x-ray results, and the fact that the mass went down in size in the two month following initial discovery. Plaintiff, a 29 year old, contended that the MRI, conducted the day of discovery, was read by the radiologist conducting the MRI as concerning and likely a sarcoma. A referral to an orthopedic oncologist was suggested. The defendant's radiologist reached a different conclusion, namely that it was more likely a hematoma. Plaintiff contended that a timely diagnosis would have resulted in either a normal life expectancy or a life expectancy of greater than 15 years, and would not have required amputation. Because of the delay, the chances of survival beyond 5 years is less than 50%. Damages included lost earnings for the years he would have been able to work had he lived a normal life expectancy. There was an ERISA lien which included care which, according to the defendant, would have been required even with a timely diagnosis.


  • Defendant physicians declined to impose spinal precautions for accident victim, and paraplegia developed while hospitalized.

  • Severe birth defects resulting from claimed negligence during labor and delivery. Action against two physicians, independent nursing staff, and hospital. Settled piecemeal over two mediation sessions.

  • Defendant physician allegedly left placental fragments following birth and ignored the plaintiff’s subsequent complaints of pain. The failure to treat resulted in a hysterectomy, bowel resection and colostomy.

  • Wrongful death claimed to be caused by negligently failing to prescribe medications to lower blood pressure and reduce cholesterol levels.

  • Pharmacy erroneously refilled a prescription with the wrong medication, leading to a severe albeit temporary reaction in a mentally challenged minor.

  • Asthmatic woman given a beta blocker despite contraindications, resulting in cardiac arrest and permanent brain damage.

  • Claimed medical malpractice, elder abuse and statutory violations against a skilled nursing facility resulting in pressure sore.

  • Claimed medical practice and elder abuse against two skilled nursing facilities for wrongful death and enhanced remedies.