Category: Medical Malpractice

$780K Federal Tort Medical Malpractice Settlement

Get a Free Consultation Or call (314) 500-HURT

Conversion Block

Call now

No fees until we win your case.

(314) 500-HURT

Staff available 24/7

Hire us Now

Hire us Now

Free case review

Hire us Now

Do not delay. Contact us now for a free case review from an experienced personal injury lawyer.

How much can I recover?

Compensation

What to expect

How much can I recover?

Use our free personal injury settlement calculator to find out what your case is worth.

Genavieve recently obtained a $780K settlement in a medical malpractice case against the John Cochran Veterans Medical Center. The VA negligently discharged our client from the hospital while still impaired from sedation administered during a cardiac catheter procedure.

Our client passed out while driving home on his motorcycle and was involved in a horrific accident when he ran off the road.

We alleged the VA breached the standard of care by failing to implement or follow protocol for safely discharging patients who have undergone moderate sedation.

Specifically, defendants failed to instruct our client not to leave the premises unless he was under the care of a responsible adult, failed to warn him not to drive for 24 hours, and failed to either keep him admitted or discharge him to a facility lodging bed.

Our client was not in the position to determine for himself whether it was medically safe for him to drive home, and that is why these discharge policies exist.

The hospitalist at the VA testified in his deposition that he had no training regarding the VA’s policies for discharging patients and that he did not even know that the VA had a policy that patients who had undergone moderate sedation were not to be discharged alone.

When shown the policy, he then tried to claim it was the cardiologist who was responsible for discharging patients, but the cardiologist testified that was not true. Everyone at the VA was pointing the finger at each other but no one would take responsibility.

Admittedly, there were some challenges in the case and many disputed facts. The VA disputed that our client was actually “impaired” at the time of the accident, since he had been able to drive most of the way home and moderate sedation can wear off.

Moreover, the police report states our client hit a rock and then ran off the road, which the VA contended also showed a lack of causation. However, even if that was true, if our client had not been impaired, he could have avoided the rock.

The VA also asserted our client refused a wheelchair – but even if true, they should not have allowed him to leave regardless. They also testified they had no idea he was planning on leaving on a motorcycle, but the medical records showed otherwise:

There was also a question of fact as to whether our client was given discharge instructions not to drive. The doctor claimed he presented them, but they were not in the medical records produced to us.

So while there were some minor factual issues, it was undisputed that: 1) our client was administered versed/fentanyl; 2) you should not drive within 24 hours of taking versed; 3) he was discharged just a few hours later; 4) without an adult; 5) there was no attempt to find him facility lodging or keep him admitted; 6) he left on a motorcycle; 7) he slid off the road; and 8) was horrifically injured.

We were very happy that we were able to obtain this large settlement for our client considering the issues in the case and that the medical malpractice damages caps applied. If you or a loved one undergoes any procedure under moderate sedation, please arrange for a safe ride home.

Request a Free Consultation


“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

We Deliver Great Results

Over $170 Million won for our clients


Medical Malpractice Permanent Brain Injury - $1,000,000 Settlement

Settlement

$1 Million


Featured

Original Offer

$0

Medical Malpractice Case Settles for Over $1 Million

Settlement

$1 Million


Illinois Results

Original Offer

$0

$1 Million Dollar Settlement to Family of Man with Sepsis Infection

Settlement

$1 Million


Medical Malpractice

Original Offer

$0

$900,000 Medical Malpractice Settlement

Settlement

$900,000


Medical Malpractice

Original Offer

$0

$780K Federal Tort Medical Malpractice Settlement

Settlement

$780,000


Uncategorized

Original Offer

$0

Gary Burger Recently Settles Cases for Over One Million Dollars

Settlement

$600,000


Illinois Results

Original Offer

$0

$495,000 Uninsured Motorcycle Verdict

Settlement

$495,000


Motorcycle Accident

Original Offer

$0

Two $250,000 Settlements

Settlement

$250,000


Car Accident

Original Offer

$0

View More Results

Request a Free Consultation

Common Questions & Answers

Frequently Asked Questions

The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

View all FAQs

When Can You Sue a Nursing Home?

Sending an elderly family member to a nursing home is challenging. It is a vulnerable time for the nursing home resident. The worst possibility is that the resident is mistreated in the facility. Many forms of mistreatment take place against elderly nursing home residents. When this happens, legal …

View Full Answer

View all FAQs

Schema