Category Archives: Medical Malpractice

29 Nov

The importance of “History” in Personal Injury and Medical Malpractice Cases

This short post is written after a Settlement Conference in a medical malpractice case I am currently trial counsel in in Michigan. The claim is as follows:  Young diabetic woman begins vomiting at work and is taken by car to the Emergency Room.  There, she presents wheezing and short of breath.  She has a history of asthma as well as diabetes.  She is seen, examined, treated with breathing treatments and steroids for her asthma and discharged home. She leaves before seeing the attending emergency room physician, who testifies later he would have instructed her to monitor her blood sugars closely because of the steroids. She goes home against medical advice.  At home she goes into tt coma because of Diabetic Ketoacidosis.  Her kidneys shut down and she has 2 weeks of intensive care at the hospital. The problem with the case is that the Emergency Room record has no evidence or record, not on iota, of nausea of vomiting.  For a jury to believe that the patient had nausea and vomiting they… Read More

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