Medical Malpractice Trials
- The following information is a sample of our past results. Not all results obtained by Chapman and Associates, P.C. have been provided.
- The results are not necessarily representative of results obtained by the lawyer.
- Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided.
- The information provided has not been reviewed or approved by the Florida Bar.
By clicking on the case titles, you are acknowledging that you understand the above disclaimer and that you wish to view information about our results.
George Oswald v Clients
- Venue – Washtenaw County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff alleged that client, a radiologist, failed to interpret and report a broken wire in a pacemaker/ICD lead following an ER x-ray presenting with chest pain. Several days after discharge Plaintiff’s ICD failed to regulate heart rate and rhythm, resulting in subsequent cardio-respiratory arrest and severe anoxic encephalopathy. Defense argued the standard of care requires radiologists to comment/report on the cause of chest pain and does not require reports on the condition of hardware. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorneys – Ronald Chapman, David Mammel
Heather Swanson v Client
- Venue – Michigan Court of Appeals
- Verdict – Order Vacating the Verdict and Judgment
- Details – Plaintiff brought a claim alleging damage to aorta during laparoscopic surgery to remove an ovarian cyst. Plaintiff prevailed at trial, Defendants appealed and prevailed at the Court of Appeals. The Court of Appeals entered an unpublished opinion holding that because Plaintiff’s Notice of Intent was defective, the trial court erred by denying Defendant’s Motion for Judgment Notwithstanding the Verdict. The court found that Plaintiff’s NOI was defective for two reasons: 1) it did not contain a proper statement concerning the alleged action that should have been taken to achieve compliance with the standard of care, and 2) it failed to sufficiently specify proximate cause by not detailing the manner in which Defendants’ alleged breach of the standard of care factually or foreseeably caused injury to Plaintiff.
- Attorney – Ronald Chapman
Estate of Frances Colleen Meservy, Dec. v Client
- Venue – Wayne County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff died as a result of a ruptured aneurysm. Plaintiff sued family practice physician (client) alleging he failed to order a CT or MRI five weeks earlier when Plaintiff complained of headaches. Client referred Plaintiff to a neurologist for further investigation, and asked Plaintiff to return if headaches worsened. For health insurance reasons, Plaintiff was unable to see a neurologist for six weeks. Plaintiff never returned to client. Plaintiff died five weeks later of a ruptured brain aneurysm. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorney – Ronald Chapman
Estate of Christopher Cassidy, Dec. v Client
- Venue – Wayne County Circuit Court
- Verdict – No Cause of Action
- Details – Patient was a 16-year-old boy who died from meningitis. Plaintiff alleges that client, an emergency room physician, failed to timely diagnose and treat son’s Fulminant Meningococcal Meningitis. It was argued that medical intervention could not have saved patient and that client was well within the standard of care having diagnosed and begun treatment within 2 hours of patient presenting to ER. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorneys – Ronald Chapman, David Mammel
Estate of Jeannette Brookshire, Dec. v Clients
- Venue – Washtenaw County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff alleges that clients failed to timely evaluate and determine cause of anemia, right thyroid nodule and bilateral masses, leading to the death of Plaintiff’s decedent from non-Hodgkin’s Lymphoma. We filed a Motion for Summary Disposition and were denied. We successfully appealed and the case was returned to the trial court. It was argued at trial that clients, internal medicine physicians, were well within the standard of care having referred patient to specialist and having relied on recommendations, advice and treatments made by specialists. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorney – Ronald Chapman
Dawn Nason v Clients
- Venue – Macomb County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff alleges that during a breast augmentation surgery, client left a sponge in her body leading to a massive infection. Plaintiff underwent breast augmentation with client and later underwent additional breast augmentations with a different surgeon. The second surgeon found a surgical sponge which he testified was left from client’s surgery on Plaintiff. Plaintiff was unable to overcome the burden of proof required to show a continued chain of causation between the alleged negligence and damages claimed. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorneys – Ronald Chapman, Randall Juip
Estate of Dorothy Johnston, Dec. v Client
- Venue – St. Clair County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff alleges that had client diagnosed a surgical abdomen earlier, Plaintiff’s decedent would not have died following surgery which discovered a cancerous tumor invading the bowel. Patient presented in ER with abdominal pain and was under client’s care for two days. It was argued that client’s actions on day one of patient hospital stay were not negligent and when patient began showing clinical signs of surgical abdomen on day two, client acted appropriately. Had client diagnosed and ordered surgery for a surgical abdomen one day earlier, the probability of the outcome being different was low. Plaintiff’s decedent’s death was more the result of her age and health condition and not a result of client’s actions. A jury reached a verdict of No Cause of Action after just 11 minutes of deliberating.
- Attorneys – Ronald Chapman, Randall Juip
Walter Rycerz and Brooke Rycerz v Clients
- Venue – St. Clair County Circuit Court
- Verdict – Dismissed
- Details – Plaintiff fell on ice and severely re-fractured his lower leg. Plaintiff alleges that clients failed to properly treat his fractured leg. Plaintiff had a very difficult fracture to repair and clients did not breach any standard of care during his treatment nor did clients act negligently or cause Plaintiff’s damages. The judge dismissed the case with prejudice.
- Attorney – Randall Juip
Harry Richmond v Clients
- Venue – Lapeer County Circuit Court
- Verdict – No Cause of Action
- Details – Plaintiff brought suit alleging that client’s administration of Amiodarone (anti-arrhythmic), prescribed to maintain patient’s abnormal heart rate, caused or worsened a pre-existing pulmonary fibrosis condition, resulting in death. It was argued there is insufficient medical evidence that Amiodarone causes pulmonary toxicity or exacerbated patient’s pulmonary fibrosis; and, physician was well within the standard of care to prescribe Amiodarone having knowledge of patient’s serious pulmonary condition. The jury returned a verdict of No Cause of Action on behalf of our clients.
- Attorney – Randall Juip
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