The amazing part of this whole story is that these insurance companies really don't appear to care at all about the doctor they insure or the people that are hurt. I gave these folks over 2 months to get their act together on this one and make a reasonable settlement offer. Mistakes happen. With one's like this, the insurance company should be over with a blank check but that did not occur here. Finally my client was offered $10,000 after suit was filed. A press release about the case was sent and I was accused of trying to blackmail the doctor. My opponent should have read the report which did not name the doctor at all.
I was trying to highlight the fact that these insurance companies do very little or nothing at all, even when they owe something on the case. The offer was less than the doctor will lose in revenue for two days of trial even though it is a condition that my client will live with forever! The news report is listed below.
KSDK -- A Ballwin woman has filed suit against a surgeon who she says operated on the wrong part of her elbow.
Barbara Grace says she has mobility problems with her elbow since the procedure on May 1, 2008.
Grace said she had significant problems with the inside of her left elbow and for some time was treated by her orthopedic surgeon and had physical therapy. When surgery was performed nearly two years ago, Grace's suit alleges that despite his knowledge of her condition, the physician operated on the outer portion of her elbow, not the inside of the elbow (medial epicondyle) surgery that was ordered.
Her lawyer, Alvin Wolff, Jr. said the defendants, Mid-County Orthopedic Surgery and Sports Medicine and Creve Coeur Surgery Center, LLC, had over two months to resolve the matter. A deadline was set for March 1 before a suit would be filed.
The suit alleges that employees of the surgery center stood by as the doctor performed the wrong operation and did nothing to prevent it. It also claims the wrong type of surgery was put on the surgery schedule by employees at the center.
Wolff did say the surgeon issued an apology to Grace about the mistake soon after it was realized.
Grace's suit seeks $25,000 together with costs and interest.
Click here to read the lawsuit
Tad Eckenrode is the attorney representing the physician. He tells NewsChannel 5 that since the suit was filed today, he is still looking it over. He said he had anticipated the suit was coming.
KSDK - 1 - 10
Maybe Congress will take a different look at tort reform now that one of their own is dead at the hands of a surgeon. The leading and longest ranking member from Pennsylvania is dead following a cut intestine that occurred during a gall bladder surgery. He was sent home and was back to the hospital two days later from an infection. Something like this should not have occured. It is not negligence to cut the intestine; these things happen. But, to not recognize it for two days may be a horse of a diffenent color. - 2 - 10
The St. Louis Bike Swap is on 1-31-2010 at 10:15 in Collinsville, IL. I will be speaking there on a variety of topics ranging from what to do when you're in an accident to protect your rights and how to go about hiring a lawyer. You will also have an opportunity to pick up some new gear or a bike at some pretty good prices. Hope to see you there! - 3 - 10
We can look forward to many new bike trails in the future. This article gives you the description. Hopefully you will be safe and won't need a St. Louis Accident Lawyer. - 4 - 10
St. Louis Accident Lawyer Alvin Wolff jr. was interviewed on KSDK on 3-2-2010 on the noon news. He was interviewed about cycling and rights of the riders. He also discussed his new consumer protection book.
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Alvin Wolff Jr. is attending the National College of Advocacy for 4 days of intensive training in taking depositions. This will be cutting edge techniques that have become necessary in this increasingly convervative courtroom environment.
The key to a deposition of a defendant is getting the defendant to admit guilt. This course is designed to assist the attorney in getting this crucial information which makes gettting settlements less difficult. - 7 - 10
The court can always question a witness. Here the court of appeals thought it went a little too far. The judge took over the questioning of the plaintiff's expert in a wrongful death case, but never asked questions about whether the negligence was the "proximate cause" of the death. The moral of the story is make sure you have a qualified lawyer handle your case. If we can help you with your wrongful death case, call us at 314-241-2500. - 8 - 10
Alvin Wolff wants cell phones banned while driving. - 9 - 10
Contact us today for a free, no obligation consultation about your personal injury legal needs.
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