Case Studies

Medical Device Case Sample
DJH was assigned to conduct an investigation for a hospital sued for Medical Malpractice when a patient in the MICU bled massively from an arterial infusion via a three way medical stopcock, initially indicating improper use of the medical equipment by hospital employees.

Through DJH's medical record review and interviews with employees, we were able to determine that proper use/protocol was followed by staff members and that the use of the medical device was appropriate for this patient.

We obtained information via medical research and FOIL requests on the stopcock that was used and it was determined that there was a defect in the stopcock itself. Thus, liability for the hospital was decreased greatly.
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Brain Damaged Baby Case Sample
A hospital was named in a case of a brain damaged baby indicating that there was evidence of fetal distress noted prior to delivery and that a timely c-section was not performed.

Through DJH's extensive medical record review and review of fetal monitoring strips, we were able to determine that the damage to the fetus was not a result of fetal distress during labor but rather something that occurred in utero, such as insufficiency of the placenta or a genetic abnormality.

We obtained and interviewed experts in OB/GYN, Neonatology, Neurology, Genetics and Neuroradiology (to review MRI films of the infant). We were able to determine that anoxic encephalopathic brain injury was likely not the cause of the problems with the child as there were good Apgar scores at birth, there were no infant seizures or neurologic symptoms after birth and no metabolic acidosis; three criteria used to determine brain damage occurring during labor as a result of anoxia. This resulted in a favorable outcome for the defense.
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Gastroplasty Case Sample
A physician was named in a case where he performed a revision of a vertical banded gastroplasty with Roux-en-Y gastric bypass. The procedure was successfully performed and the patient was discharged home. On post-op day four, the patient presented to the doctor's office with an infected abdominal wound with intra-abdominal collection requiring percutaneous drainage by an interventional radiologist and intravenous antibiotic therapy in the hospital. The patient was discharged to a rehabilitation facility and then returned home. He subsequently became septic, sustained multiorgan system failure and expired.

DJH conducted an extensive review of the doctor's records as well as the hospital records once obtained. We interviewed the insured physician and determined that the training he received in performing this procedure was adequate and that he performed many like procedures prior. We obtained from the physician the materials he used to explain the risks, benefits and alternatives to the procedure and noted the patient was fully informed. We then obtained literature indicating obese patients undergoing surgery are at a high risk for complications such as infection, again noting the patient was aware of this prior to surgery. A review of records indicated that the patient was an appropriate candidate for the surgery. The review further revealed that when the patient returned home, he did not fill his prescription for antibiotics and did not follow-up in the doctor's office as instructed. There was evidence that the patient was non-compliant and that this contributed to the outcome. The case value was therefore significantly decreased.
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