Lemer & Company $1,513,000 and $880,000 medical malpractice verdicts

Medical malpractice lawyers Bruce Lemer and Felicity Schweitzer represented the plaintiff in a complex medical malpractice case, Baglot v. Fourie, in which a young man  with a complicated medical background was prescribed a powerful non-steroidal anti-inflammatory drug that caused a large punctured duodenal ulcer and related physical and psychological problems. In a 96 page judgement the British Columbia Supreme Court awarded $880,000 for pain and suffering, loss of earning capacity and cost of care. The plaintiff will also be entitled to double costs for the trial  pursuant to the provisions of the Supreme Court Civil Rules. This case is an illustration of the complexity of medical malpractice claims. Plaintiffs often have pre-existing conditions that already compromise the plaintiff’s health and earning ability, as the judge found in this case. Distinguishing the effect of the medical negligence from the pre-existing condition can be challenging and time consuming. The plaintiff presented evidence from two general practitioners, a gastroenterologist from California, a psychiatrist, a pharmacologist, an occupational consultant, a vocational consultant and an economist. Trial lasted for weeks and disbursements exceeded $169,000. In choosing a law firm for a medical malpractice claim it is important to assess its expertise and commitment to such claims and whether or not it has the financial resources to properly pursue such a claim. The decision can be seen by clicking here

 

The medical malpractice lawyers at Lemer and Company received a $1.513 million verdict for their client in the British Columbia Supreme Court case of Reyes v. Marsden. The court found that the plaintiff lost most of his vision after an emergency room physician failed to diagnose a brain tumor and then undertook a lumbar puncture that was contra-indicated in the circumstances and which caused the plaintiff’s vision loss. The trial lasted three weeks and involved numerous expert witnesses from B.C., Ontario and the U.S.

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Introduction to Medical Malpractice

Lemer & Company medical malpractice settlements

Lemer & Company has recently brought medical malpractice lawsuits to  successful conclusions with significant settlements:

Action against obstetricians who failed to provide appropriate tests  to a pregnant woman, which prevented her and her baby from getting treatment that would have avoided her child having a life-long disabiity;

Action against a prison nurse who failed to recognize the signs and symptoms of a heart attack and the urgency for treatment, resulting in a delayed diagnosis and treatment and resulting disability;

Action against an ophthalmic surgeon resulting from an incorrect laser treatment for an eye disease which compromised the vision in one eye;

Action against a laser vision correction company for blindness in one eye caused by the an incorrectly assembled component of the laser;

Action against a neurosurgeon and nurses for their failing to recognize the need for prompt brain surgery for hydrocephalus and assuming  that  disturbing signs and symptoms were the result of sedating pain medication instead of a life threatening disease. The plaintiff sustained severe brain damage;

Against an obstetrician for using incorrect techniques during a birth which caused severe shoulder dystocia and permanent paralysis of the baby’s arm;

Against a neonatologist who used inappropriate procedures to insert IV lines in a newborn, thereby cutting off blood flow to the infant’s hand, resulting in amputation of the hand;

Against a podiatrist and a medical device manufacturer for severe chronic pain caused by surgical malpractice and an inadequately tested and designed implant intended to cure flat feet;

Against a cardiologist for having failed to prescribe an anti-coagulant, resulting in a severe stroke and disability;

Against a neurologist for having prescribed a too high dosage of an anti-convulsant medication, resulting  Toxic Epidermal Necrolysis, a rare life-threatening adverse cutaneous reaction caused by certain medications that caused severe injuries, a lengthy recorvery and permanenet severe disabilities;

Against a radiologist, surgeon and nurse for failing to recognize signs and symptoms of a severe bowel obstruction, resulting in necrosis and removal of most of the plaintiff’s digestive tract; and

Against a radiologist and neurologist for delayed diagnosis of Multiple Sclerosis which prevented the plaintiff from receiving medication that could have prevented progression of the disease.

Details are subject to confidentiality agreements required by the defendants.

Lemer & Company occupiers liability settlements

Lemer & Company has obtained settlements of $370,000 for an individual who sustained a knee injury from a defective trampoline at a resort and a $160,000 settlement for an individual who sustained a fractured leg as a result of a poorly designed walkway and poor lighting.

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Personal Injuries Overview
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