Schmidt, Sethi & Akmajian Blog

The Very Best Malpractice Case Is No Malpractice Case

Posted by Dev Sethi | Apr 16, 2014 | 0 Comments

I had one of the best experiences a lawyer representing injured patients can ever have, and in the process, I completely destroyed a potentially large medical malpractice case. That's right, I worked hard to eliminate a malpractice case.

I was contacted by a woman from Southern Arizona who had recently undergone cataract lens replacement surgery. As the leading lawyers in Tucson representing eye surgery patients, we often analyze and assist patients in her exact situation.

In her case, the surgeon failed to inform her she had an astigmatism, and he did not provide her with the choice of having a special lens put in her eye to accommodate her astigmatism. In addition, he committed other errors in the performance of her lens replacement surgery.

As a result, she had extremely poor vision following this usually low risk eye surgery. She could see little from her eye, and she had terrible problems with glare and light sensitivity. She was suffering from daily headaches.

She had followed up with the surgeon that performed the original surgery, as well as one other doctor. She was told that nothing could be done, and she would have to learn to live with her bad vision, headaches, and other problems. She was very distraught and did not know where to turn.

She asked me what to do. The first thing I recommended was she be checked out by a qualified ophthalmologist. My handling of these types of cases has taught me that sometimes, a subsequent surgery can fix damage done by a poor prior surgery. I helped her get an appointment with a very reputable and skilled surgeon.

That surgeon examined my client, and said he could help her. He recently performed surgery, and he replaced her lens.

I just got off the phone with my client, and much of her vision was restored. She was ecstatic and very thankful for my help.

Fortunately, because her vision was largely restored, she now has no malpractice claim. The bottom line, is that there is no question I would much rather have a healthy client than a good malpractice claim.

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.


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