Deposition of Doctor in $5 Million Malpractice Lawsuit
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- เผยแพร่เมื่อ 7 ส.ค. 2024
- This is the deposition of a doctor who served as an expert witness for the defense in a medical malpractice lawsuit.
Our client in his lawsuit was a middle-aged man. He went to the ER after injuring his knee and leg. Doctors at the ER took some x-rays and sent him home with a knee sprain diagnosis. Tragically, two days later doctors amputated his leg because the ER doctors during his initial visit failed to discover damage to his popliteal artery.
We brought a medical malpractice action against the doctor and the PA in Baltimore City. The jury awarded our client $5.2 million.
You can find the deposition of the defendant's emergency room doctor who claimed this doctor's care was within the standard of care here: • Deposition of Defendan...
The defendant physician's assistant here: • Defendant Physician's ...
The deposition of another ER nurse (who was not named as a defendant) can be seen here:
• Deposition of Emergenc...
The plaintiff's deposition is here: www.millerandzois.com/files/t...
How medical malpractice cases work in Maryland:
www.millerandzois.com/marylan...
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This Doctor is extremely knowledgeable, his accuracy is incredible.
His brain is clocked at a much higher speed than the rest of the room.
Don’t you trust all damn doctor some of them ain’t shit
This guy is the best and has the best explanation of what happened to this patient.
I am in the Healthcare field and watching these depositions has taught me so much about ethical decision making. Thank-you.
That is good to hear. Whether you agree with the position we take, hopefully the process of thinking about what is appropriate care in a specific context improves the quality of care.
I agree. I too am in the healthcare field and have learned so much from these videos. I'm not through all of them as of yet.
Must be difficult to work in an environment where you need to cover your butt all the time.
That's what motivates you? Improving the quality of care? Wouldn't that be bad for business? @@Millerandzois
This doctor was EXCELLENT. His explanation and answers to all questions were precise and expertly explained in layman's terms, more or less. I'm actually shocked the defense lost this case based on this testimony. There had to be more to it.
I agree this doctor has a solid education and experience. Most vascular doctors are very educated. The only difference I have with him, the complaints could be related to the mobilizer. The other problem, there needed to be documentation that the medical people discussed with him about his complaints. If the doctors or nurses discussed with him.
Battle of the better lawyers, underlying reasons in the way the hospital run their place from RNs, PAs and doctors, implement accurate and detailed documentations, insist on their ER doctors’ thoroughness in order to avoid potential lawsuits including doctors personally going through the patient again and not just rely on notations, PAs etc. I always say, if you are putting your signature on it, ensure you understand what you are signing for…
Hi. My son was born at 36 weeks. All the doctors told me he was completely blind and would never see. For 6 months i cried thinking about him and the life he will have. I even started looking into my options for school for him. It was such devastating news for my family. I truly cried everyday. His peodiotritions and 2 eye specialist told me that he was 100% blind and would never see. I took him off island to another eye specialist and within seconds he told me my child was NOT blind and after a few simple tests on him the doctor also told me that his eyes were perfect. How could so many doctors/specialist get it wrong and put us through that heart ache for 6 months. Would anyone else do something about this? I was so happy to find out my child wasn't blind. It was the best news i ever got and probably will ever get but i am so upset/in disbelief that so many doctors said he was completely blind for life. This should never have happened to anyone.
That is absolutely awful. I'm so sorry for what you went through.
So glad your boy is going to be fine!
Wow what a story. I'm curious as to how they would miss the usual indicators that a child can in fact see, such as tracking and smiling. Did your son seem to be tracking (just in case someone doesn't know what tracking is its when a baby follows movements), did he make eye contact with you and/or others, did he seem to smile back at you when you smiled at him? Even if he wasn't smiling at the typical 6 weeks of age, did he ever smile back at you during this time? Based on the limited information in your comment if he wasn't exhibiting these things and you know know he can see could autistim be the reason? As a nurse, I don't understand why these medical professional thought he was blind in the first place. If you don't mind sharing more about why they told you he was blind, I would be very interested in knowing but if you wish not to share I totally understand and respect your decision. I hope your son is happy and healthy and that you are doing well after going through such a trying period in both of your lives. God bless.
@@babygrandma8654 I'm curious about this too. It defies logic. I keep thinking "But how...why...what..."
That would be devastating to go through. I'm happy to hear your son can see now though! From anguish to joy
This doctor deserves every penny he earns.
He's a hard working prostitute to be sure. Lying that hard ain't easy.
@@newsnowbc1934 No reason to believe he's lying.
this is what a knowledgeable doctor is all about. he explained the injury to the patient in such a clear and easy way that anyone could follow.
super doctor..thanks for all the medical information he provided
Yeah,they probably thought he was drug seeking and sent him home with Motrin and a knee brace.
I was thinking this same thing but held my opinion to see if anyone else commented as such and here you are. It's a sad thing and I've seen ppl who were, in my opinion, in real pain and the doctor literally replied to their request for pain medication, while in the ER, "That's what killed Elvis". WOW I couldn't believe my ears. It's 1 thing for a doctor to refuse to give someone a narcotic for whatever reason, but to say something like that, when it clearly is insulting to the patient and insinuates that the patient is drug seeking is beyond belief.
This doc is undoubtedly the tip of the sphere. Every single statement he made was right on truth with no frills as seen from some of the “hired gun” docs on depos these days. I researched this case for a case study paper and was beyond shocked the jury found for the plaintiff. The only sense I could make of it was they wished to play Robin Hood in taking from the moderately wealthy doc (ie his insurance company) and give it to the poor patient. There certainly was no medical basis for the plaintiffs claim so it’s the only thing that makes sense.
My brother in law was 44yrs old. Suddenly fell out and stopped breathing. EMS got him back, but he went into a coma. The MRI done on Monday (due to it being a Saturday, no neurologist called in until Monday) showed his brain was so swollen that it had herniated down through the skull at his brain stem. We took him off life support that night as they told us he was brain dead. No autopsy was done by the hospital. We were told we'd have to pay for one out of pocket. Why is this you ask? He was a drug addict who had kicked all but Methadone.
He passed on August 16, 2021. It's now September 27, 2021 and they are still investigating his death. Most likely because the ICU is trying to justify why they did nothing to relieve the swelling on his brain, which most likely occurred when he fell on the driveway. Addicts are not given a fair chance and it is irrelevant whether they are current users or not.
THANK YOU!! You are 100% correct!! I am a recovering pain pill addict. Was in a bad car accident 12 years ago, many injuries. Was prescribed massive amounts of pain pills and became addicted. This is a common story among addicts. This comes with a stigma in the medical field and sometimes we are treated differently by physicians, often discriminated against. What happened to your brother in law is tragic and wrong. I’m not a big fan of lawsuits but in your case, it would be totally justifiable. I’m sorry for what y’all are going through. I hope your brother in law gets some justice for the hospitals malpractice.
You should definitely consult a malpractice lawyer. I don't know if you have a claim. But if he was in a hospital, you can make the argument that he should not wait until Monday for an MRI or CAT.
@@Millerandzois he was brought in by EMS, taken through ER to ICU. So he was definitely in the hospital. We still don't have his death certificate because they are still investigating.
First of all, my sincere condolences for the loss of your brother, especially if it was secondary to the affliction of the disease of addiction. This is a severely under- resourced and maltreated condition in our country, and there is absolutely no excuse for it.
Second, just my opinion as an ER/ICU Nurse for 30 years...depending on how long your brother was “down” before EMS was able to revive him...a normal, healthy brain can usually withstand around 5-10 minutes of “anoxia”, or the absence of oxygen due to lack of breathing and heartbeat before irreversible cellular damage to the cerebral tissue occurs. If your brother had underlying cerebrovascular disease due to his history of substance abuse (ie encephalopathy due to alcoholism or accumulation of plaque due to long term tobacco, crack cocaine misuse...or even vascular damage due to methamphetamine addiction)...the window to tolerate “anoxia” may not be quite as long.
The result of restoring blood flow after anoxic brain injury, unfortunately, is cerebral edema. I would be interested to know if they performed a CT scan, as this is a readily available imaging modality at most emergency rooms, because evidence of cerebral edema would not require a neurologist to diagnose, but a radiologist...and there are critical care interventions that could help to moderately decrease to swelling.
That being said, if the “downtime” was prolonged, sadly, even the most heroic measures would be unlikely to reverse the permanent damage caused by severe anoxic brain injury. Again, so sorry for your loss. I have many in my family who battle addiction, as well as a system who makes the battle harder to fight😢
@@marshabrady1512 Thanks for the comment, I learned some new stuff as a former EMT/Med student (first year)
I review medical records for mortality and complications coding errors for a living...usually the errors aren’t coding related...if everybody sued hospitals for poor quality of care, these lawyers would have their own cable Court TV channel...LIVE streaming😳
Here we go, St. Agnes Hospital. I’m serious, you will get better care going to a Vet that treats ducks than you will ever at St. Agnes. That hospital has a really bad reputation. Never go there.
There is a hospital in Indiana that I feel the same way about. I've said to others, a few times, that I wouldn't take a dying dog to that hospital.
"I’m serious, you will get better care going to a Vet that treats ducks than you will ever at St. Agnes." lol🤣 Initially, I thought ducks were getting treated at Veterans Hospital.😂
That could be true but I’ll tell you one thing. This doctor knows his sh$&.
There were several instances at different depositions of this case where it was mentioned that the patient is overweight. I wonder if the weight is a factor to consider on the effects of the injury? and whether due to him being overweight the ER providers should have all the more sent the patient for more extensive examinations and not released early. Just my thoughts.
This doctor is great.
I think he's good with medical words,,,bad at telling the truth. Lots of money on the line!!!!!!
Damn, this Mr Tolson's leg must be the most litigated leg in history. How many human hours were taken by both sides in this case? Got to be 500+
Unfortunately, this is what it takes to get justice in medical malpractice cases. There is nothing atypical about this case.
@@Millerandzois Just a small point, in this video it is listed as a $5m lawsuit but in last week's video it is listed as $10m lawsuit. Just in case you want to make your titles consistent.
@@SkinnyCow. Sorry verdict as $5.2 million. We have videos from a $10 million verdict too that we have posted. I'll make sure that all jives up so we have the right amounts the correct cases. Thanks for the heads up.
@@Millerandzois After reading about the results of the case, I'm curious why your client agreed to the "high/low" offer by the Defendants? Was it because this witness seems, to me, to be an excellent defense witness in terms of opining that the triggering incident that led to the amputation occurred after the patient left the hospital and was not discovered after "reasonable, up to the standard of care" evaluation by hospital employees? Or were there "caps" on damages in Maryland that made the agreement logical? It looks like the jury awarded over 5 million dollars, but that the recovery was limited to just over 1 million as a result of the "high/low" agreement.
Also, are your expert depos on TH-cam? I couldn't find them. I'd be interested to see how your expert dealt with this dude's opinion.
My father was injured during a procedure at a teaching hospital when they jammed some instruments down his throat. He could not speak to be understood after that injury. Then he was infected with what I heard as ecoli when the lab spoke to the on duty nurse. Also contracted another infection from the place and the Dr when questioned stated that’s just how old people breath. He was on IV antibiotics until his death shortly thereafter. What is the statute of limitations for something like this?
March 27th, 2020 I was broke down on side of the road. Pouring gas from a gas can, when a dump truck had swerved off the road (going 75-80mph, texting while driving on a flip phone and hit my Aunt and Uncle who brought me the gas can) (both of our vehicles were completely out of the road) The dump truck was going so fast that he hit them and threw their vehicle straight into me. Blessed that we all did survive it, knowing it could've been so much worse. Dislocated my right hip, fractured my right knee in 7 places and ruptured my right achilles. This is really besides the case. Moral is, I have been going through a lawsuit from the accident. So many appointments, surgeries, physical therapy. I just had achilles repair done which is what was thought to be my last stretch of any surgeries. I woke up from anesthesia February 16th, 2022 to my surgeon Dr. Szabo telling me he is very sorry but in the 20 years of practice he's never had this happen before, he had done the surgery on the wrong foot. (left) when it was supposed to be the right. He did everything normal. (initials with a marker, cut lines, ALL ON THE CORRECT FOOT) All the paperwork was filled out correctly. We went over verbal consent and discussion of the procedure. I'm only looking into things that fit just to have some knowledge as to what to expect. I do speak with my lawyers fairly much. I'm looking to ask if I have lawyers for personal injury with the dump truck. Would having them doing malpractice now as well, would it still all fall together properly with them handling the malpractice tied into a personal injury suit?
That question is very dependent on the law of your state in terms of the foreseeableability of medical malpractice after an accident and the policy limits of the possible defendants.
Wheres his stethoscope that goes with the white coat... ?
What do i do if a doctor lies to me and then forcefully injects a lot of a painkiller in me that didn't kill the pain it just got me super high and nearly gave me a heart attack.
What exactly do you think the doctor “lied” to you about?? Doctors don’t just go around injecting you with narcotics all Willy nilly . ESPECIALLY intravenously. Also doctors aren’t generally the ones to do this anyhow. It’s usually a nurse practitioner. And what happened to you that in your mind, are comparing to a heart attack since I highly doubt that is what actually almost occurred.
What is an important lesson to take from this case with regards to the standard of care for patients?
My answer to this question, as a nurse, would be to document, document and document again. Even if something is within normal limits I personally would chart it. I was taught, in nursing school, if you didn't chart/document something then it didn't happen, period! It doesn't matter if you did it and 100 others saw you do it, if its not charted, it didn't happen. It's far easier to take a few extra seconds to chart something then it is to try to prove you actually did something, especially if you end up being sued over the situation. If you try to chart after the fact it can turn around and bite you in the azz you need to chart immediately when something is done, that's the safest way to cover your azz.
@@babygrandma8654 👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼💯👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼
Cover your butt, in a toxic setup like this, use more time to document than care
At 34.40 I have to disagree with the doctor. He says that paresthesia or pins and needles is not a sign or symptom of vascular insufficiency. Your blood vessels carry oxygen to the nerves, if your nerves don't get oxygen, they'll die. So a vascular problem can lead to paresthesia or neuropathy.
Often edema alone causes paresthesia.
Are you a doctor?
How would he know the time of thrombosis
Its has known mechanism, a typical time.
If the police finds the vehicle that was involved in the hit and run. Do that have any effect on a pain and suffering case?
Odd place to ask this question but I will answer it!
Whether this can count towards pain and suffering damages depends on the jurisdiction. There is no uniform rule.
@@Millerandzois sorry about the the odd comment place just wanted to raise my chance of getting a response. Do you have any hit and run videos? If not could you possibly make one?
And honestly this is a boctor shame on himself
What is Boctor , I found him super sharp
Miller & Zois, Ambulance Chasers at Law
What kinda pay out you guys get on this? Let’s buy you some real estate
Time to put the Heath care in the public hands go the way the UK has done the NHS is the best in the world 🌎🌎🌎
How do people that care petition for this ?
Nice 2nd job hustle at 120k
From a layman standpoint. I believe this man’s arteries were damaged from the accident. This resulted in decreased blood flow to the lower part of his leg. This was misdiagnosed. I believe the effects of that damage artery worsened after he was discharged. Hence the irreversible damage to the limb. All the other technicalities used by the experts are just a way to try and cover up the misdiagnosis. The jury got it right. The ER doctor should have referred the patient for further evaluation instead of discharging him. She actually paid little or no attention that he complained about his foot being cold. That was a critical error.
Dang so the guy went to the ER bc he injured his knee and next thing he no longer has a foot
That is a very simple way to look at it, could be the hospital, could also be himself after he was sent home.
Few names in this comment section clearly triggered because they work in the field.
The personal bias of Americans is so transparent. Their culture never taught them how to control those emotional responses.
I have watched all the depositions, testimonies, etc. I am SHOCKED that the jury ruled for the patient. You can argue that the ER doc lied about her assessment and care but there is no evidence she perjured herself. Sometimes... bad things happen and medical professionals get things wrong.
I keep seeing your statement that a jury awarded 5.2 million dollars verdict for Mr Tolson. Isn't it true that you had a "Jury Verdict of $5.2 Million Reduced by High-Low Agreement to $1.2 Million for Above-the-Knee Amputation Following Artery Injury."
"During the trial, the parties agreed to a high-low agreement that provided for a high verdict of $1.5 million. However, the jury returned a verdict of $5.2 million that was reduced to $1.5 million. The attorneys who represented Tolson were Laura Greeves Zois and Rodney Gaston."
I watched your video depositions and it seems to me such an open/closed case I wonder, Why would you agree to limiting the high compensation to only 1.5 million dollars?
I don't think e-room doctor actually did her due diligence. She slipped up, misdiagnosed his knee problem, and Mr. Tolson is paying for it.
Yes, this has come up in many comments and we have always laid this out. This is how verdicts are reported. Best to show how the jury valued a claim.
This man seems very dishonest and uncaring. I hope he sticks to lying on the witness stand for a lot of money and stays clear of any and all patient interactions.
To be fair, I believe he is more factual and direct. This Surgeon's personality may be forward and direct; however, dishonest and uncaring...absolutely not.
He is very informative and I would have welcomed the opportunity to work alongside him.
I felt just the opposite. Hes not hired to provide sympathy, he's hired to provide an expert medical opinion. That said if you spoke with him after the depo, Im sure he would express his compassion for the plaintiff. I thought this witness was quite convincing and very thorough and concise and specific in his testimony in what his conclusions were, why and how he arrived at them, and what questions would be outside his scope of expertise.
It’s a shame to many people are violated of the constitutional rights under the color of law I believe have they not discharge patient I believe his leg would’ve been saved it goes to show you when you have a triage nurse not documenting everything people get confused and don’t do their job right it’s sad how they want to blame the patient first of all they should’ve never discharged him many people believe his leg could have been saved it’s not about predicting it’s about doing the job right just in case anything goes wrong you can see everything is documented it is easy for someone that is working to falsified records it’s about documentation and not just that it seems like this guy is upset I would be afraid To ask the next question he is so hype at the end of the day it should be about compassion when dealing with people who come in to the emergency you in looking to get proper service if people do their damn job right they would not have to face the consequences when they are on the malpractice people must be held accountable because when you get these type of jobs you are responsible because When they refused to document everything it is not about guessing it is not about maybe those kind of answers shows malpractice and it is only right for the patient to get the best of services that they can offer including the device he hast to wear above Knee And it hurts to know that many of these people do not show any compassion for those that victims of malpractice This guy speaks out as if he is hype Believing and knowing is two different things this is why it’s important to document everything even if you think something is not right document it and make sure the triage nurse and all those that are violating peoples constitutional rights are dealt with so these things don’t happen to other people people don’t deserve to lose their leg on account of malpractice people must be held accountable to the fullest of the law These people so no compassion it is very painful to the victims and their families things must change so people can get the services they need when they go to the emergency it’s serious it’s not a game that’s why it makes sense for people to do their job right and show compassion show you care you’re at fault when you violate peoples rights for quality of care it’s about following the law being responsible it is a number one priority when you are working in emergency rooms I know that many people will not be able to get discharge when it’s a serious emergency you must take your job serious because many people I have to deal with the consequences when they have license to do this type of work you are certified and you are supposed to be a professional and we the people look up and pray to God that we will get the best of services when we have an emergency and hope that we will not be turned away with just a couple of pills sometimes you can’t just discharge people you have to look more into it was going on and look at the history that’s what quality of care is not violating peoples constitutional rights when he come to an emergency room with something that is so serious
@@vearryhale8257 ---> .
No, he's not being dishonest. He is answering the attorney's questions clearly.