Have you ever wondered what happens in medical malpractice cases? Our Attorney Richard Mitchell recently appeared on the Great Trials Podcast. This show features attorneys who join the hosts to discuss recent notable cases they have worked on. You can listen to the episode here.
Richard discusses a case in which he helped a client, Elizabeth Dickinson, receive a $1.3 million judgment for her injuries. Dickinson was injured in a car crash resulting in multiple surgeries. While at the hospital, she developed a Stage 2 pressure injury. Eventually, Dickinson was transferred to a long-term acute care (LTACH) facility where her pressure injury worsened from Stage 2 to Stage 4. At their most severe, these pressure ulcers tunnel down to the bone and cause excruciating pain.
Why this went to court
When a person is transferred to an LTACH, nursing home or other care facility the patient is owed a duty of care by the provider. Dickinson’s facility advertised itself as experts in wound care and yet her condition worsened in less than three days.
Richard and his team investigated and found a breach in the facility’s duty of care. Five medical professionals examined Dickinson in the first 24 hours and either failed to document the pressure ulcer or note which stage it was in.
The facility’s own chief nurse and CEO even testified at trial that turning a patient with these injuries every two hours is the standard of care to keep them from worsening. Richard’s research found that Dickinson was going many hours, and in some cases an entire day, at times, without being turned.
Throughout the trial, Richard had to refute a number of arguments from the defense, including Dickinson’s injuries were inevitable, staff couldn’t turn Dickinson because of her pre-existing conditions and even that she was rotated but no one made note on the chart.
Fighting For Justice
Richard and his team had to work to overcome these and other arguments from the defense for their client to receive the compensation she deserved. You can listen to the episode here, on Spotify or Apple Podcasts to learn how Richard helps medical malpractice clients.
