Medical Malpractice

Medical malpractice involves an act or an omission by a health care provider that deviates from accepted standards of practice and which causes injury to a patient. The elements necessary for the establishment of such a claim are that: (a) there was a legal duty; (b) that duty was breached; and (c) the breach caused an injury – financial or emotional. Expert witnesses are necessary in medical malpractice litigation to testify to issues relating to the standard of care that applied. Damages recoverable by a victim of medical malpractice may include compensatory and punitive damages, and damages may be assessed based on past and future loss.

Duffy + Partners has obtained recoveries and settlements from most of the large teaching hospitals and universities in the Philadelphia area, including recorded verdicts against The Hospital of the University of Pennsylvania, Wills Eye Hospital, Mercy Catholic Medical Center, Thomas Jefferson University Hospital, Hahnamann University Hospital, and their physicians (Divon, Smith, Graves). The firm has received the Bar Register of Pre-eminent Lawyers in the field of Medical Malpractice by Martindale-Hubbell.

In Campbell, Duffy + Partners won a $21,400,000 million verdict on behalf of a diabetic man with brain damage over the care he received in the emergency room of Temple University Hospital.

In two recent cases, Duffy + Partners obtained over $20,000,000 in settlements (the parties of those matters remain confidential). In one of those cases, Duffy + Partners reached a $13,500,000 confidential settlement with a hospital for a child and her family. The child suffers from cerebral palsy as a result of the neglect of the hospital staff and physicians during the birthing process of the infant. In the other matter, Duffy + Partners reached a $7,500,000 confidential settlement with two Hospitals for the family of a young man who died after his aortic dissection was misdiagnosed in the Emergency Room.

In Divon, Duffy + Partners won a $6,000,000 verdict against Wills Eye Hospital for Peter Divon, a forklift operator, who suffered blindness in one eye as a result of an infection which developed following a surgery to repair a detached retina. The verdict was reported as one of the largest verdicts in the State that year.

In Smith, Duffy + Partners won a $4,500,000 verdict against Misericordia Hospital, finding the hospital negligent in their testing and treatment of David Smith, ultimately resulting in his death. Mr. Smith was taken by his mother to Misericordia Hospital, and ultimately died of an aortic dissection after the hospital staff failed to properly treat or diagnose Mr. Smith’s condition. The jury returned its verdict after a 2 week trial. The verdict was reported as one of the largest verdicts in the State that year.

In Graves, a jury returned a $2,000,000 verdict following a 5 day trial, finding that Hahnemann Hospital, and its staff, committed malpractice during a surgical procedure, severing nerves in Mrs. Graves’ throat. This verdict was especially impressive considering no claim for lost wages or medical bills was made – the verdict was based entirely “pain and suffering”.

In Rivera, the firm successfully argued before a Philadelphia Jury that a 31-year-old man’s poor care at a local hospital led to his death, obtaining a $750,000 verdict for his family.