28 December, 2023

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


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

Learn More

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