Case Results
The Cline Law Firm is proud to serve injured clients and families throughout Indiana. Our experienced personal injury attorneys have been able to recover many millions of dollars in damages for our clients. To take advantage of your free consultation and learn more about how we can help you seek justice call 317-505-1760 or contact us online.
$5,634,669.84
Jury Verdict for a Wrongful Death Caused by Pneumonia
Lance D. Cline and Lindsay N. Popejoy obtained a jury verdict of $5,634,669.84 for the wrongful death of a fifty-two year old Indian female married to a sixty-four year old Indian male at the time of her death. The couple had no children. The decedent developed a MRSA pneumonia, a rare form of pneumonia. She was seen by two different emergency medicine physicians and a pulmonary and critical care medicine physician over a thirty-six-hour period of time, and each physician negligently failed to timely diagnose and timely treat the pneumonia. By the time that the pneumonia was diagnosed and correct treatment was begun for it with the antibiotic vancomycin, the treatment was too late to save the client’s life.
The case was tried to a jury over eight days. The jury returned a verdict for the surviving husband in the amount of $5,634,669.84 including approximately $10,000 in funeral and cremation expenses, $225,000 in lost earnings, $625,000 for the loss of financial value of the services that the wife provided to her husband, and $4,775,000 for the loss of the wife’s love, care, and affection.
As required by Indiana law, the wrongful death claim was reviewed by a medical review panel of three Indiana physicians before the case was prosecuted in court. The medical review panel found that each of the defendant health care providers had complied with reasonable standards of medical care in his treatment of the decedent. The medical review panel opinion was admitted into evidence at trial but was not binding on the jury. The jury substituted its own judgment for that of the medical review panel in finding that the Defendants were liable to our client in the amount of $5,634,669.84.
The Defendants offered no money to settle the case before trial.
$4,100,000
Jury Verdict for Birth-Related Brachial Plexus Nerve Injuries In A Minor
Lance D. Cline tried this case to a jury in 2012. The plaintiff was a minor male who sustained injuries to brachial plexus nerves in his right arm at the time of his birth. A shoulder dystocia occurred during the vaginal delivery.
The mother had multiple risk factors for having a large baby during her pregnancy. She was overweight, gained sixty pounds during the pregnancy, spilled sugar into her urine during the last trimester, and demonstrated an excessively large fetus in the third trimester with fundal height measurements greatly exceeding the gestational age of the fetus. Despite these multiple risk factors, the delivering physician never developed an estimated fetal weight for the baby and never considered that the baby may be large. The physician recommended a vaginal delivery to the mother who trusted the physician’s recommendation.
The mother’s labor was protracted with both a protraction and arrest in cervical dilatation and an arrest in the descent of the fetus through the female pelvis. The mother requested a cesarean delivery which the physician refused. Instead, the physician performed an ill-advised forceps delivery of the fetal head which was successful in delivering the fetal head onto the mother’s perineum but prevented the spontaneous rotation of the baby’s shoulders during descent and resulted in the impaction of the baby’s right shoulder against his mother’s pubic bone as his head delivered.
Once the baby’s head was delivered, the physician spent the next three minutes trying to free the readily apparent impaction of the baby’s shoulder on his mother’s pubic bone by applying increasingly strong downward traction upon the baby’s head. The physician also allowed individuals in the delivery room to apply fundal pressure to the mother’s upper abdomen which increased the impaction of the baby’s shoulder on the mother’s pubic bone and required even greater downward traction by the delivering physician who negligently relied upon this traction to free the shoulder impaction. The baby sustained severe and permanent injury to multiple nerves in his right brachial plexus nerve complex as a result of the negligently performed vaginal delivery. The baby weighed ten pounds, twelve ounces at birth.
A jury returned a verdict in favor of the child in the amount of $4,100,000. The defendant made no offer to settle the case before trial.
$3,500,000
Jury Verdict for a Sixty-Five Year Old Male Who Sustained Brachial Plexus Nerve Injuries During Shoulder Replacement Surgery
Lance D. Cline and Lindsay N. Popejoy tried this lawsuit to a jury in a conservative, northern Indiana county in 2018. The sixty-five year old plaintiff had a history of multiple dislocations in his left shoulder between the ages of fourteen and twenty-five that led to the performance of a Magnuson-Stack procedure upon his left shoulder at the age of twenty-five that prevented further dislocations. At the age of sixty-two, the client began to experience intermittent pain and some reduction in range of motion in his left shoulder and sought evaluation and treatment recommendations from the defendant orthopedic surgeon. After trying some conservative steroid injections into the shoulder, the orthopedic surgeon recommended to the client that he undergo a total left shoulder replacement. The client agreed to undergo the recommended surgery.
The surgery, which normally took the orthopedic surgeon two hours to perform, took five hours. The surgeon stated that the patient’s shoulder joint was “extremely difficult” because of the existence of many osteophytes and calcifications in the shoulder joint. The surgeon admitted having great difficulty in exposing the shoulder joint, dislocating the joint, and readying it for the shoulder prosthesis. When the patient awoke from the surgery, he could not move or feel his non-dominant, left upper extremity. It was paralyzed.
The orthopedic surgeon told the client that the paralysis was due to an injection of local anesthetic into the shoulder at the conclusion of the surgery and would disappear within days. It did not. Despite undergoing substantial physical therapy, the condition of the client’s arm did not improve. He consulted an orthopedic surgeon at the Cleveland Clinic who performed a left brachial plexus nerve complex exploration, performed extensive neurolysis, and performed two nerve transfers in the shoulder. After that surgery, the client recovered some minor function and sensation in his left upper extremity, but it largely remained flaccid and useless. His left hand developed into a permanent, clawed position which was basically useless as a functioning hand. The client experienced many losses and diminishments in his activities of daily life as a result of the uselessness of his non-dominant, left upper extremity.
The client’s case was presented to a medical review panel composed of three Indiana orthopedic surgeons which unanimously found that the defendant orthopedic surgeon had complied with reasonable standards of medical care in performing surgery upon the client. The defendant orthopedic surgeon made no offer to settle prior to trial.
The case was tried for seven days to a jury, and the jury returned a verdict in favor of the client in the amount of $3,500,000. Mr. Cline and Ms. Popejoy presented evidence from two orthopedic surgeons who perform shoulder replacement surgery and from a neurologist that the surgery performed by the defendant surgeon failed to comply with reasonable standards of medical care and was the cause of the client’s permanent nerve injuries and left upper extremity impairment.
$3,500,000
Jury Verdict for Above-the-Knee Amputation of Right Leg Caused by Failure to Diagnose Vascular Injury in the Emergency Department
Lance Cline and Lindsay Popejoy tried this case to a jury in a conservative county in eastern Indiana in 2024. The plaintiff was a sixty-year-old male who was standing on a wooden step ladder cleaning out the gutters on his home when a step on the ladder suddenly broke causing the client to lose his balance and fall awkwardly to the ground with his right knee striking the ground first. As his right knee hit the ground, the client heard something “pop” in his right leg, and he experienced excruciating pain in his right leg. The client’s wife immediately drove him to the Reid Hospital Emergency Department in Richmond, Indiana to be examined by a physician.
While in the emergency department, the client’s right leg and knee were swollen, his right knee was red, his right calf was hard and warm to the touch, and his right foot was purple and splotchy. The defendant emergency medicine physician and a nurse were both unable to obtain pulses in the client’s right foot by palpation or by doppler ultrasound for multiple hours. Despite eyewitness testimony from lay witnesses to the contrary, the defendant contended that our client’s right foot did not remain discolored during the six-hour emergency department stay and that the client always had dopplerable pulses in the emergency department.
The defendant emergency medicine physician failed to recognize and diagnose that the client’s condition was concerning for vascular injury in his right lower extremity, failed to order appropriate diagnostic testing to rule in or rule out a vascular injury, and failed to obtain an immediate consultation with a vascular surgeon for the client. The defendant emergency medicine physician diagnosed the client with a torn calf muscle, ordered the placement of a splint on the client’s right lower extremity which prevented observation and direct touching of the lower extremity and foot, told the client to follow up with an orthopedic surgeon in two days, and discharged the client home from the emergency department at 11:30 p.m. on a Saturday night.
When the client was seen by an orthopedic surgeon two days later, his right foot remained cyanotic and mottled and was cold. He had no movement or sensation in his right foot. The orthopedic surgeon told the client that he had a vascular injury and immediately referred him to a vascular surgeon so that he could be evaluated and operated upon right away. However, by the time the client’s vascular injury was diagnosed, and correct treatment was begun for it with surgical intervention, it was too late to save the client’s leg. The client’s right leg was amputated above the knee. The defendant contended that her diagnosis and treatment of our client was proper and that the client developed an obscure vascular condition in his right lower extremity after leaving the emergency department.
During trial, Mr. Cline and Ms. Popejoy presented evidence from one emergency medicine physician and two vascular surgeons that the defendant emergency medicine physician failed to comply with reasonable standards of medical care and that that failure caused the client’s right, above-the-knee amputation. The defendant presented testimony from an emergency medicine physician, a vascular surgeon, and an orthopedic surgeon that the defendant’s treatment of our client was reasonable and appropriate and did not contribute to cause the loss of the client’s leg.
The case was tried for nine days to a jury. The jury returned a verdict in favor of the client in the amount of $3,500,000. The defendant emergency medicine physician made no offer to settle prior to or during trial.
$2,670,000
Jury Verdict for Severe Right Lower Extremity Injuries Caused by Injection of Foreign Body into Vascular System During Cardiac Catheterization
Lance Cline and Lindsay Popejoy tried this case to a jury in a conservative, northern Indiana county in 2023. The plaintiff was a fifty-one-year-old African American female who had a history of fibromyalgia, cardiomyopathy, hypertension, and recent chest pain.
The client was scheduled to undergo an outpatient cardiac catheterization performed by the defendant cardiologist via a transfemoral approach. Before performing the cardiac cath upon her, the defendant failed to inform the client that he planned to use a vascular closure device (VCD) at the conclusion of the procedure to seal the access site for performance of the cath in the client’s right femoral artery. He also failed to talk with the client about the risks and benefits of using a VCD in her body compared to the gold standard of manual compression to seal the femoral artery puncture site.
The defendant hurriedly performed the client’s cardiac cath in twelve minutes and used a VCD to seal the access site in the client’s femoral artery. The defendant deployed the VCD in an incorrect and negligent manner which resulted in the deployment of a foreign body (PEG sealant) from the VCD, that was supposed to be placed upon the outer surface of the client’s femoral artery, into the patient’s arterial system. The defendant failed to recognize that he deployed the PEG sealant into the client’s arterial system even though she had persistent oozing of blood from her femoral artery access site following the cardiac cath. The patient was discharged home from the hospital approximately two hours after her cardiac cath was completed. Over the course of the next several hours, the PEG sealant traveled downstream in the client’s lower extremity arterial system until it reached a point where it could no longer move forward. Clot formed around the PEG sealant and sealed off blood flow below the client’s knee.
On two consecutive days following the date of the cardiac cath, the client awoke with consistent pain in her right calf. The client telephoned the defendant’s office and informed an employee of the defendant of her condition. The client was told that her pain was normal and that it was okay to massage and apply heat to her calf. She was not told to seek medical help from the defendant or by any other physician.
By postoperative day three, the client’s right calf pain was severe. She went to an emergency department in a nearby hospital to be examined by a physician. Physical examinations, various diagnostic tests, and multiple surgeries were performed upon the client’s right lower extremity which ultimately led to the discovery that her popliteal artery was occluded by a blue, glistening, and gel-like foreign material (PEG sealant) which was causing a significant decrease in the blood flow in the client’s right leg. Because she had inadequate blood flow in her right leg and foot, the client sustained profound and permanent muscles loss, nerve injuries, and disfigurement in her right lower extremity.
Mr. Cline and Ms. Popejoy presented evidence from a cardiologist and vascular surgeon that the defendant cardiologist negligently failed to obtain the client’s informed consent for his use of a VCD in her, negligently deployed the VCD during the cardiac cath, and negligently failed to examine and treat the client once her post-procedure symptoms developed.
The case was tried for nine days to a jury. The jury returned a verdict in favor of the client in the amount of $2,670,000. We have been told that that was a record verdict in the county where the case was tried. The defendant cardiologist made no offer to settle prior to or during the trial.
$1,285,000
Jury Verdict For a Minor Who Sustained Permanent Brachial Plexus Nerve Injuries at Birth.
This lawsuit arose as a result of the birth of the client in Fort Wayne, Indiana. The client was a large baby at birth weighing eleven pounds, twelve ounces. The baby’s left shoulder became impacted upon his mother’s pubic bone during the delivery which impeded the baby’s vaginal delivery. At the time of his birth, the client had a limp right arm caused by the stretching of the C5 and C6 nerves in the client’s right brachial plexus nerve complex.
Lance Cline contended on behalf of his client that the delivering obstetrician failed to comply with reasonable standards of medical care in his prenatal, labor, and delivery care of the client and his mother. The physician failed to perform glucose testing upon the client’s mother and consequently failed to diagnose that the mother had gestational diabetes, a condition that can cause a fetus to grow to a large size in utero. If the physician had performed the necessary glucose testing, he would have discovered that the mother had gestational diabetes, would have treated the mother for that condition, and would have recognized that the client was likely too large to be delivered vaginally.
The physician was surprised by the large size of the client at the time of the vaginal birth. Mr. Cline argued that the physician panicked during the delivery process, failed to follow a safe and reasonable plan to effectuate delivery, failed to perform numerous vaginal delivery techniques required by reasonable standards of medical care in a shoulder dystocia situation, and delivered the client in a great hurry by applying inordinate force and traction on the client’s head and neck, consequently causing serious and permanent nerve injuries to the client. The client’s evidence included eyewitness testimony from the mother’s labor and delivery coach, a friend who testified that the physician pulled hard and jerked on the client’s head during delivery. The defendant physician contended that his prenatal, labor, and delivery care was reasonable and appropriate at all times.
An Indiana medical review panel composed of three Indiana obstetricians concluded that the defendant physician’s treatment of the client and his mother was reasonable and appropriate other than his failure to perform prenatal glucose testing upon the mother. The panel stated that it could not determine if the failure to perform prenatal glucose testing was a cause of injury to the client.
Lance Cline presented expert witness testimony from two board certified obstetricians and a biomechanical engineer with expertise and knowledge regarding physician-applied forces during child delivery. The Defendant presented expert witness testimony from three obstetricians. The Defendant made no offer of settlement before the trial. The jury deliberated for ninety minutes before ignoring the medical review panel opinion and returning a verdict in favor of the client in the amount of $1,285,000. We were told that that was a record verdict in the county at the time that the case was tried.
$1,000,000
Jury Verdict For Birth-Related Brachial Plexus Nerve Injuries In A Minor
Lance D. Cline tried this case to a jury in 2004 in Decatur, Georgia, a suburb of Atlanta. The plaintiff was a minor female who sustained injuries to brachial plexus nerves in her left arm at the time of her birth. A shoulder dystocia occurred during the vaginal delivery.
The mother had multiple risk factors for having a large baby during her pregnancy. She was overweight, gained over fifty pounds during the pregnancy, had previously delivered a 91⁄2 pound baby, underwent multiple ultrasounds during the pregnancy suggesting a large baby, and demonstrated an excessively large baby in the third trimester with fundal height measurements greatly exceeding the gestational age of the baby. Despite these facts, the obstetrician failed to perform an obstetrical ultrasound prior to proceeding with a trial of labor and vaginal delivery which would have indicated an estimated fetal weight within the range of ten pounds to thirteen pounds. The delivering obstetrician grossly underestimated the size of the baby before delivery assuming that the baby weighed between eight and nine pounds. The baby weighed 11 1⁄2 pounds at birth.
The delivering obstetrician never discussed with the parents the possibility of a cesarean delivery of the baby and recommended only an induction of labor with a vaginal delivery. Although the mother told the delivering obstetrician that she believed that her baby was very large, the mother trusted the obstetrician’s advice and proceeded with a vaginal delivery.
The mother demonstrated labor protraction disorders in cervical dilation and with the descent of the baby. The mother requested a cesarean delivery which the physician refused. Instead, the physician proceeded to perform an ill-advised vaginal delivery. The mother was able to deliver the baby’s head onto her perineum, but progress in delivery stopped once the head was delivered due to the impaction of the baby’s left shoulder against the mother’s pubic bone. A shoulder dystocia was correctly diagnosed by the delivering obstetrician.
Once the baby’s head delivered and a shoulder impaction was diagnosed, the delivering obstetrician made several negligent mistakes while proceeding with a contraindicated vaginal delivery of the baby. The obstetrician applied repeated, excessive downward traction on the baby’s head to attempt to free the shoulder impaction during the delivery process. The obstetrician had the mother continue to push after the shoulder impaction occurred which was contraindicated and increased the degree of the baby’s shoulder impaction upon the mother’s pubic bone. The obstetrician failed to perform and repeat, if necessary, certain manual delivery techniques that very likely would have freed the shoulder impaction and allowed for the safe delivery of the baby. The obstetrician negligently allowed a nurse to apply fundal pressure upon the mother during the delivery process while the shoulder impaction existed which was contraindicated and increased the force that the obstetrician had to use to deliver the baby’s body. The obstetrician ultimately pulled the baby out of the mother using excessive downward traction on the fetal head while fundal pressure was being applied by a nurse and while the baby’s left shoulder remained impacted upon the mother’s pubic bone. This combination of facts caused a stretching and tearing of multiple nerves in the brachial plexus nerve complex in the baby’s left upper extremity.
The defendant obstetrician defended the lawsuit by stating that her actions were reasonable and appropriate at all times, that a vaginal delivery was indicated for the baby, and that a cesarean delivery of the baby was not necessary. She stated that she never applied greater than general downward traction upon the baby’s head during the delivery process but also admitted that the traction that she applied to the baby’s head may have caused the baby’s brachial plexus nerve injuries. It certainly did. The obstetrician stated that she was surprised by the size of the baby and that it was the largest baby, by 20%, that she had ever delivered.
A jury returned a verdict in favor of the child in the amount of $1,000,000. The defendant made no offer to settle the case before trial.
Cases Involving Birth-Related Brachial Plexus Nerve Injury
The Cline Law Firm Has Successfully Resolved 30 Lawsuits Involving Birth-Related Brachial Plexus Nerve Injuries To Newborn Babies
Through the years, our law firm has been given the amazing opportunity, and received the trust of many parents, to represent children (and their parents) in lawsuits arising as a result of the occurrence of brachial plexus nerve injuries in an upper extremity of an infant during birth. There are five major nerves in the brachial plexus nerve complex in the upper extremity of the human being. These nerves (C5, C6, C7, C8, and T1) run from the spinal cord in the neck into the upper extremity and are the source of all sensation and motor function in the upper extremity. The precipitating event for most of these often devastating, birth-related injuries is the impaction of the baby’s shoulder upon his or her mother’s pubic bone (known as shoulder dystocia) as the baby passes through the maternal pelvis during vaginal delivery. When the shoulder impaction occurs, delivering health care providers have the responsibility to use well known and widely taught and practiced vaginal delivery techniques to safely relieve the shoulder impaction without causing stretch injuries to the brachial plexus nerves in the impacted upper extremity. When these safe and effective delivery techniques are carefully and correctly followed, and repeated if necessary, then severe and permanent stretch injuries or ruptures of the nerves will not occur to a newborn during delivery. Unfortunately for several hundred newborns in the United States every year, some delivering health care providers panic when shoulder dystocia occurs, forget their training, and hurriedly deploy dangerous, negligent delivery techniques that free the shoulder impaction but unreasonably stretch, rupture, or avulse (pull off of the spinal cord) one or more of the brachial plexus nerves, thereby causing permanent physical injury and impairment in the baby. The negligent delivery techniques often relied upon by the delivering providers include strong, downward traction or twisting of the baby’s head while the baby’s shoulder remains impacted upon the mother’s pubic bone. These negligent maneuvers applied to the baby’s head while the shoulder remains impacted cause unreasonable, dangerous stretching of the brachial plexus nerves.
Another dangerous, injury-causing and negligent delivery technique requested or allowed during a shoulder dystocia delivery is fundal pressure, which is strong pushing applied to the upper abdomen of the mother, usually by a nurse or maternal support person, while a shoulder impaction exists in a misguided effort to help push the baby out of the mother. The use of fundal pressure during a shoulder dystocia delivery is contraindicated and widely condemned but still sometimes occurs. The fundal pressure increases the severity of the shoulder impaction and often results in the delivering health care provider using excess traction, or twisting of, the fetal head to relieve the shoulder impaction.
Members of our law firm have successfully handled thirty shoulder dystocia cases to a conclusion by way of trial or settlement. Several of the trials have resulted in seven-figure verdicts. Nearly every settlement has resulted in the payment of the statutory maximum payment allowable under Indiana law which, at various times, has been $500,000, $750,000, $1,250,000, and $1,650,000 and is presently $1,800,000 for injuries sustained on or after July 1, 2019. The successful resolution of these previous cases provides no guarantee or promise of what the results of your child’s potential claim may be.
If you have experienced the grave misfortune of having a child sustain a birth-related brachial plexus nerve injury, our law firm has the knowledge, experience, courage, drive, and financial strength necessary to prosecute a lawsuit for your child and for you and would be honored to serve as your attorneys. Our firm is currently handling five such lawsuits for deserving children and their parents.
Cases Involving Birth-Related Brain Injuries And Deaths
The Cline Law Firm Has Successfully Resolved 40 Lawsuits Involving Birth-Related Brain Injuries And Birth-Related Deaths
Through the years, The Cline Law Firm has been given the opportunity and received the trust of parents to represent children, and the parents of deceased children, in lawsuits arising as a result of negligent health care provided to babies during labor, delivery, and the neonatal period after birth that have caused permanent brain injuries and/or deaths to the babies. The brain injuries and deaths of these children have been caused by various types of negligent health care.
Many of the cases have arisen as a result of the negligent failure to diagnose fetal distress during labor that is evident on fetal heart rate tracings generated by a fetal heart rate monitor and that has not been correctly or timely diagnosed by physicians, nurse midwives, or nurses. The fetal distress is almost always caused by a lack of adequate oxygenation of the tissue of the baby in utero that, if allowed to persist too long, can result in severe and permanent brain injury to, or the death of, a baby in utero, at the time of delivery, or shortly after birth. The lack of adequate oxygenation is commonly caused by umbilical cord compression, umbilical cord prolapse, placental abruption, other causes of inadequate blood flow through the umbilical cord to the baby in utero, and bacterial and viral infection.
A baby who sustains a brain injury at birth will have life-long impairments that will adversely affect the infant throughout life. Such individuals often have severe and permanent physical, cognitive, and emotional impairments and require medical treatment, therapy, and support-care throughout life. The expenses for such care are usually substantial and unrelenting.
These negligently injured children and their families require legal representation by attorneys with the knowledge, experience, courage, and financial strength to prosecute health care negligence claims. Our law firm has successfully resolved forty lawsuits involving birth-related brain injuries and birth-related deaths caused by negligent health care. A few of those lawsuits have been won at trial, but the vast majority have been settled prior to trial for the maximum payment allowable under Indiana statutory law which, at various times, has been $500,000, $750,000, $1,250,000, and $1,650,000 and is presently $1,800,000 for injuries sustained on or after July 1, 2019. The successful resolution of these previous cases provides no guarantee or promise of what the results of your child’s potential claim may be.
If you have experienced the grave misfortune of having a child sustain a birth-related brain injury, or have had a child die as a result of negligent health care, our law firm has the knowledge, experience, courage, drive, and financial strength necessary to prosecute a lawsuit for your child and for you and would be honored to serve as your attorneys. Our firm is currently handling five such lawsuits for deserving children and their parents.
Cases Involving The Untimely Or Incorrect Diagnosis Or Treatment Of Cancer
The Cline Law Firm Has Successfully Resolved 15 Lawsuits Involving The Untimely Or Incorrect Diagnosis Or Treatment Of Cancer
Our law firm has had the opportunity to represent several individuals, or the surviving family members of individuals who have died, as a result of a delay in the diagnosis and/or a delay in the treatment or incorrect treatment of cancer. Particular cancers that have been involved in lawsuits that our law firm has handled include breast, colon, kidney, bladder, prostate, uterine, and cervical cancer.
Many cancer lawsuits involve a delay in the diagnosis and treatment of cancer in a patient. In such lawsuits, it must be determined what the patient’s chance of surviving the cancer was with timely diagnosis and treatment. If a patient had a greater than 50% chance of surviving the cancer with timely diagnosis and treatment and dies from the cancer as a result of it not being timely diagnosed and/or treated, then the surviving family members may have a lawsuit for the wrongful death of the patient. The surviving family member must prove that a physician-patient relationship existed, that the patient had cancer, that the delay in diagnosing and/or treating the cancer caused a greater than 50% chance of the patient dying from the cancer, and that the patient died as a direct and proximate result of the cancer. If evidence establishes that a health care provider negligently failed to timely diagnose and/or timely treat a cancer and that the patient’s chance of surviving the cancer without negligent health care was less than 50%, then surviving family members of the deceased patient may have a legal claim for the loss of the chance for the patient to survive the cancer.
To successfully pursue such a legal claim, it must be proven that a physician-patient relationship existed between the cancer victim and a health care provider, that a health care provider failed to treat the patient in compliance with reasonable standards of health care as it pertains to the diagnosis or treatment of the patient’s cancer, that the patient’s chance of surviving the cancer was diminished by the negligence of a health care provider, and that the patient died as a direct and proximate result of the cancer. In other cancer-related health care negligence claims, the patient may survive the cancer but may have a diminished life expectancy or may have severe and permanent injury caused by a delay in the diagnosis or treatment of the cancer. The negligent failure to timely diagnose and/or timely or correctly treat a cancer can cause severe personal injury or death to an individual.
The harms and losses associated with such cases can result in large economic losses, including substantial medical bills and income loss. Such lawsuits can also result in the loss of love and companionship and the loss of services of an individual who dies from the cancer.
Individuals and families who have lost a loved one as a result of negligent health care related to the diagnosis and treatment of cancer need and deserve legal representation by an attorney with the knowledge, experience, courage, and financial strength to prosecute health care negligence claims. Members of our law firm have successfully resolved fifteen lawsuits involving a delay in the diagnosis or treatment of cancer that has caused severe and permanent injury or death to an individual as a result of negligent health care. Each of those lawsuits has been settled prior to trial for at or near the maximum payment allowable under Indiana statutory law which, at various times, has been $500,000, $750,000, $1,250,000 and $1,650,000, and is presently $1,800,000 for injuries sustained on or after July 1, 2019. The successful resolution of those previous cases provides no guarantee or promise of what the results of your potential claim may be.
If you have experienced the misfortune of sustaining severe and permanent injury or endured the death of a loved one as a result of the negligent failure to timely diagnose or timely treat cancer, our law firm has the knowledge, experience, and desire necessary to prosecute a lawsuit for you and would be honored to serve as your attorneys.
Cases Involving Negligent Diagnosis Or Treatment Of Heart Disease
The Cline Law Firm Has Successfully Resolved 22 Lawsuits Involving Negligent Diagnosis Or Treatment Of Heart Disease
The Cline Law Firm has had the opportunity to represent many individuals, or the families of individuals who have died, as a result of the negligent failure of health care providers to timely diagnose and/or timely or correctly treat heart disease. The severe and permanent injuries and/or death that have been caused to our clients have been the result of various types of heart conditions and negligent health care.
Some of the cases have involved the negligent failure of a health care provider to diagnose an impending or occurring myocardial infarction (heart attack) in a patient. Such patients need immediate, emergency treatment that may include medication and interventional treatment, such as cardiac stent placement. Some cases have involved a negligent failure to diagnose coronary artery disease and to provide treatment to lessen the disease or protect against injury and death caused by the disease.
Such patients may require medication to prevent or slow the development of coronary artery disease or various forms of interventional treatment, such as stent placement or angioplasty. Some cases have involved the negligent failure to diagnose and treat heart valve disease in patients. Undiagnosed and untreated valvular disease can lead to the development of severe and permanent cardiac injury or death. Some cases have involved the negligent failure to timely diagnose and timely treat pericarditis, an infection in the sac that surrounds the heart.
Such cases can also cause severe and permanent heart injury or death to individuals. The failure to timely diagnose and timely treat heart disease in patients can cause severe, life-long impairment in an individual and often results in the death of an individual. The economic losses that can result from the death of a wage earner can be substantial and catastrophic for the individuals involved or their surviving family members.
Individuals and families who have lost a loved one as a result of negligent health care related to heart disease need and deserve legal representation by an attorney with the knowledge, experience, courage, and financial strength to prosecute health care negligence claims. Members of our law firm have has successfully resolved twenty-two lawsuits involving heart disease-related injury and death caused by negligent health care. Each of those lawsuits has been settled prior to trial for at or near the maximum payment allowable under Indiana statutory law which, at various times has been $500,000, $750,000, $1,250,000 and $1,650,000, and is presently $1,800,000 for injuries sustained on or after July 1, 2019. The successful resolution of those previous cases provides no guarantee or promise of what the results of your potential claim may be.
If you have experienced the tragedy of sustaining severe and permanent injury or endured the death of a loved one as a result of the negligent failure to timely diagnose and/or timely treat heart disease, our law firm has the knowledge, experience, and desire necessary to prosecute a lawsuit for you and would be honored to serve as your attorneys.