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Tuesday, June 14, 2016

Medical Malpractice Verdict Reversed

Can you guarantee that my case will not be overturned on appeal?

Filing a personal injury or medical malpractice lawsuit can be overwhelming for a number of reasons. One of these is the fear that even after winning your case the decision will be overturned on appeal and you will end up with nothing. This is a legitimate concern and did happen in one recent medical malpractice case coming out of Texas.

Lancer Windrum went to the hospital in February 2010 due to slurred speech. He was examined by neurosurgeon Dr. Victor Karehn who found that although two brain ventricles were dilated that Lancer had “no sustained levels of intracranial pressure.” After being monitored he was sent home and followed up with Dr. Kareh soon after his release. In May of the same year Lancer died in his sleep due to what the medical examiner found to be fluid on the brain. 

Lancer’s wife Tracy brought a medical malpractice suit against Dr. Kareh claiming that he should have placed a shunt or drain in her husbands brain and that he was negligent for failing to do so. The jury agreed and awarded her a verdict of $4.2 million. The amount was lowered to $1.87 due to state caps.

Dr. Kareh appealed the decision and the higher court agreed with him. They found that the decision was based on insufficient and unsupported evidence and that it should be overturned. Specifically, they stated that the plaintiffs failed to prove that Dr. Kareh was negligent and that this led directly to Lancer’s death.

Let us make this clear; an appeal is always a possibility. But, they happen in a small percentage of cases and an even smaller amount of decisions are overturned at the appellate level. At our firm, we always work to build the strongest case with the best evidence, including experts, available so that we limit our appeals.

If you suffered due to medical malpractice, you should consult with a Dallas, Texas attorney today.



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