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Essentially, there was supposed to be a removal of a lump. The surgeon skipped one of the processes for locating a lump. He took a lump out. Everything came out good as testing and everything was fine. My wife went for her next annual and the doctor saw a lump. He was very upset and off she went to the surgeon and before they even got there, they realized it was too late.
Well, Marc and David were referred to me by an attorney that we knew and he suggested that he would be good for this case, his personality and so forth, and told me a little bit and it turns out exactly right. Now when we first began the case, the very first thing Marc said is, "Well, get all your records.
And we said, "Oh, okay. Well, yeah, we can do that." I think it was like, "We'll go in next week." And he said, "No, you need to do it now, immediately." and we said OK and come to find out, eventually, within the course of the case, the process, that the doctor changed the records. And when we got the records, we had our records when we finally got their records It was an unbelievable revelation to see how he changed it.
It was very sinister the way that he was able to take the original and do a few things. We were always aware of what was going on. We were always shared the motions that took place we were very much on top of the legal proceedings, which can be a really help emotionally, psychologically help when you're going through something like this as opposed to just sitting in the dark and wondering what's going on and occasionally you hear something.
So that was very really important thing. The fact that he was able to absorb and transmit our emotions throughout every step of this way. I mean, when you were present with him and you could see him, and the way that he could talk to the other lawyers are, talk to the judge and so forth. You could see he was there 100% and this was more than just a case to him.
As far as everything that they did, and how they did it, and the communication, I would and have recommended them in the past and he will always be the first person I will think of if anyone in our life enters with a similar situation and they need help. I will be sending them right here.
Well, Marc and David were referred to me by an attorney that we knew and he suggested that he would be good for this case, his personality and so forth, and told me a little bit and it turns out exactly right. Now when we first began the case, the very first thing Marc said is, "Well, get all your records.
And we said, "Oh, okay. Well, yeah, we can do that." I think it was like, "We'll go in next week." And he said, "No, you need to do it now, immediately." and we said OK and come to find out, eventually, within the course of the case, the process, that the doctor changed the records. And when we got the records, we had our records when we finally got their records It was an unbelievable revelation to see how he changed it.
It was very sinister the way that he was able to take the original and do a few things. We were always aware of what was going on. We were always shared the motions that took place we were very much on top of the legal proceedings, which can be a really help emotionally, psychologically help when you're going through something like this as opposed to just sitting in the dark and wondering what's going on and occasionally you hear something.
So that was very really important thing. The fact that he was able to absorb and transmit our emotions throughout every step of this way. I mean, when you were present with him and you could see him, and the way that he could talk to the other lawyers are, talk to the judge and so forth. You could see he was there 100% and this was more than just a case to him.
As far as everything that they did, and how they did it, and the communication, I would and have recommended them in the past and he will always be the first person I will think of if anyone in our life enters with a similar situation and they need help. I will be sending them right here.
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Comment: The case Michael was describing involved the changing of medical records by a doctor. Although this is suspected to occur in many cases where malpractice occurs, it can be very difficult to prove. With the introduction of electronic medical records, proof has become even more difficult. However, we have developed several methods of detecting altered records. The changes in this case were very easy to demonstrate: We had copies of the before and after records! The doctor lied all the way through his deposition until the very end, when the copies of the original records were revealed, and he was trapped.
The moment of truth, when the defendant Doctor was confronted with the pre-altered medical records, was one of the most dramatic moments in any lawyer’s career. After telling a series of bald-faced lies for seven hours about what he had done, and where he had done it on the plaintiff’s body, the defendant surgeon admitted that after the plaintiff was diagnosed with terminal breast cancer (from which she would sadly die one year later), he went back to his medical chart from 14 months earlier and changed his notes regarding the location of the lump that he had palpated during his physical examination of her breast. Even went so far as to alter a diagram to change the location of the lump that he had felt over one year earlier. Sadly, when it was first found, plaintiff would probably have been cured of her cancer. Instead, by the time it was removed, it had already spread to vital organs and resulted in plaintiff’s premature death in her late 40s.
Of note, the case settled for one of the largest amounts for the failure to diagnose breast cancer in Massachusetts history.
For a full trial report, click here.
