28 December, 2023

Resourceful Diligence Proves Passionate and Accurate Care For Nursing Facility CNA Securing Win Against Medical Malpractice Claims

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In: Verdicts

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QPWB has secured a critical victory in a medical malpractice case, successfully defending their client against a $725,000 claim. The case centered around allegations that a facility's Certified Nursing Assistant (CNA) deviated from the standard of care, resulting in severe injuries to the plaintiff. QPWB's strategic approach and diligent preparation played a pivotal role in dismantling the plaintiff's claims and securing a favorable outcome.

Key Players in the Victory

  • Robin Khanal played a crucial role in presenting a compelling case and navigating the complexities of the trial.
  • David Perez played a critical role in shaping the legal strategy and executing a comprehensive defense.
  • Ryan Boyd's invaluable assistance, as a paralegal, in trial preparations contributed to the seamless execution of QPWB's legal strategy.

Overview of the Case

  • QPWB successfully defended against allegations of negligence involving a certified nursing assistant (CNA) accused of mishandling a transfer.
  • The plaintiff, a 56-year-old individual, sought $725,000 in compensation, claiming fractures, pain, and depression.

Claims Against the Client

  • The facility incorrectly assessed the plaintiff's transfer needs.
  • The CNA assisting the plaintiff was not capable of assisting him alone.
  • The transfer technique used deviated from the standard of care.
  • The CNA admitted to not having her hands on the plaintiff during the incident.
  • The incident resulted in ongoing pain, depression, and decreased functional ability.

QPWB's Difference-Making Approach

  • Subpoenaed extensive medical records to establish the plaintiff's pre-existing condition.
  • Conducted on-site interviews with the involved CNA to understand the incident thoroughly.
  • Humanized the CNA in front of the jury, highlighting her passion for her profession.
  • Scrutinized facility charts to establish the plaintiff's history of assistance with transfers.
  • Analyzed post-incident medical records to gauge the long-term impact on the plaintiff.

Informing the Legal Strategy

  • The plaintiff's prior medical records contradicted claims of increased assistance needed.
  • Facility charts supported the CNA's history of providing one-person assist transfers.
  • Humanizing the CNA countered stereotypes based on height and weight differences.
  • Post-incident medical records indicated a short-lived impact on the plaintiff's health.
  • The plaintiff's complaints post-incident mirrored pre-existing conditions and medications.

Impact on the Final Decision

  • An established community standard supported the client's one-person assist approach.
  • The humanization of the CNA highlighted her competency and dedication.
  • This demonstrated the CNA's extensive experience with successful one-person transfers.
  • The short-lived impact on the plaintiff's health undermined the severity of the claims.
  • The lack of credibility in the plaintiff's expert witnesses played a crucial role in the verdict.

Victory's Implications for Future Clients Looking for a Difference

  • QPWB's comprehensive approach sets a new standard for medical malpractice defense.
  • By meticulously examining details and attacking allegations, QPWB provides juries with a complete picture of each case, ensuring a robust defense for future clients.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

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