Medical Malpractice

Case Examples

Jolly Consulting assisted the defense team in a medical malpractice suit brought against a neurosurgeon who performed a cervical spine surgery using a pedicle screw. We provided the attorney with a detailed medical fact analysis and chronology. We assisted with developing the defense strategy and evaluating trial exhibits.

A defense verdict was returned within an hour of the jury beginning deliberations.

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In another case, Jolly Consulting located an expert who opined on an obscure issue related to shoulder dystocia, considerably strengthening the client’s case.

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A 33 year old man with sleep apnea died hours after undergoing laparoscopic cholecystectomy. He was found by the nursing staff apneic and not wearing his CPAP mask. Resuscitation was unsuccessful.

Jolly Consulting provided initial analysis of the nursing care identifying multiple breaches in the standard of care: failure to provide appropriate postoperative care to a sleep apnea patient, and failure to adequately monitor and adequately resuscitate the patient.  We provided a concise report outlining the patient’s course highlighting when breaches occurred and the impact those  breaches had on this man’s death.

The case was settled for $2,000,000.00, the statutory medical malpractice cap in Virginia.

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A plaintiff client working on a very complex case involving allegations of failure to diagnosis cancer enlisted the help of Jolly Consulting to analyze the medical facts. The woman was a heavy smoker and reported severe ear pain. Over the course of two years, she was seen by three ENT physicians, each of which came to a different diagnosis. Eventually, the woman self-referred to Duke Hospital where laryngeal cancer was quickly diagnosed using a tool readily available to all ENTs, including those that had previously treated her. During the workup for laryngeal cancer, two other types of cancer, both in her lung, were discovered. The woman underwent treatment but died within months of the laryngeal cancer diagnosis.

Jolly Consulting provided the client with analysis and meticulous chronologies of each of the multiple, different primary cancers along with an analysis written in plain language. We detailed the laryngeal cancer signs and symptoms the woman exhibited and the appropriate workup of those symptoms, which the treating ENTs did not perform. We provided supportive medical research summaries on each topic thereby simplifying this multifaceted case.

Jolly Consulting procured renowned expert witnesses who provided compelling courtroom testimony.

A verdict in excess of $1,000,000.00 was returned after two hours of jury deliberations.

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A substantial confidential settlement was reached in a case involving the death of a young woman less than 24 hours after being discharged from a tertiary medical center. Jolly Consulting provided the plaintiff client with detailed, customized reports including an initial meritorious screening tool followed by a chronology, medical research summary and a time line focusing on a key element of the case. We secured distinguished experts who provided convincing testimony. Settlement negotiations began shortly after expert depositions were taken.

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A 69 year old man suffered permanent, disabling  injuries after a hip replacement surgery. The morning after the hip surgery he was found by the physician to have virtually no circulation to his legs. The patient required extensive, multiple surgeries, developed a postoperative infection and required prolonged rehabilitation. Plaintiff allegations included failure to monitor, failure to identify a change in blood flow and failure to timely notify the appropriate attending physician of the change in the patient’s condition. Once again, Jolly Consulting provided assistance with the initial screening of this case. From there, we provided a chronological summary of the patient’s course including the multiple breaches in the standard of care and their impact on the patient’s outcome. We retained renowned experts who provided persuasive deposition testimony. Finally, we assisted in preparation for mediation.

A mediated settlement of $1,000,000.00 was reached.