LAS VEGAS HUB – QPWB attorneys Adam Garth, Nina Machin, and Najum Anwar recently achieved a significant legal victory, obtaining a complete dismissal for their radiologist client in a high-stakes wrongful death lawsuit involving multiple defendants.

Overview of the Case

The case involved a medical malpractice claim stemming from the death of a patient who suffered a ruptured abdominal aneurysm approximately three hours after diagnosis. The Plaintiff filed a lawsuit against multiple defendants, including the hospital, emergency room physician, radiologists, the radiology practice, and a separate medical organization. Plaintiff alleged that QPWB’s client failed to diagnose the aneurysm in a timely manner and argued that earlier surgical intervention would have saved the patient’s life.

QPWB represented one of the radiologists, who was accused of failing to promptly identify and communicate the aneurysm on a CT scan. The Plaintiff initially demanded $6,000,000 from all named defendants and later made a separate demand of $200,000 specifically to settle with QPWB’s client. However, through a strategic and aggressive defense, QPWB attorneys secured a complete dismissal, absolving their client of any liability.

Key Difference-Makers

• Adam Garth - Managing Partner 
• Najum Anwar – Senior Associate
• Nina Machin – Associate

Claims Made Against Our Client

The Plaintiff alleged that QPWB’s radiologist client:

1. Failed to timely read the CT scan as to promptly identify and communicate the presence of an aneurysm in the right common iliac artery and a dilated distal aorta.
   
2. Did not promptly notify the Decedent's treating physicians of the critical findings.
   
3. Failed to ensure proper use of notification systems to alert healthcare providers of the critical conditions.

Defense Strategy

From the outset, QPWB’s defense team deployed a multi-pronged strategy aimed at dismantling the Plaintiff’s case from multiple angles.

QPWB first engaged in mediation along with all other parties to ascertain the position of the respective interests, proposing a package deal where QPWB’s client would be dismissed in exchange for another radiologist and the radiology practice accepting partial responsibility. Senior Associate Najum Anwar was instrumental in the mediation, handling all preparation and presentation for this critical phase. When the Plaintiff’s counsel refused, QPWB attorneys took an aggressive approach by filing an Offer of Judgment identical to their mediation offer. Simultaneously, the defense team strategically filed two Motions for Summary Judgment. The first motion focused on the absence of a standard of care breach and the second on the absence of any causative connection between the defendant and the decedent’s death. Associate Nina Machin took the lead on the second summary judgment motion, conducting the heavy lifting to establish that there was no causal link between QPWB’s client and the patient’s death. In the event that either of the motions would have been granted, this would cause the defense team to be in a position to obtain a judgment against the decedent's family for the costs and attorneys' fees incurred from the date of the offer to the date of the judgment. These actions placed financial pressure on the Plaintiff and created a significant disincentive to proceed with litigation.

A crucial turning point came during expert depositions, where QPWB attorneys skillfully extracted key admissions from the Plaintiff’s expert witnesses. The Plaintiff’s experts acknowledged that QPWB’s client did not violate any standard of care, that his interpretation of the CT scan was accurate, that he timely read the imaging given that it was not ordered on an expedited basis,that he timely reported his findings, and that he properly reported said findings and confirmed receipt thereof by the ordering physician’s medical practice. Furthermore, the Plaintiff’s causation expert conceded that because an aneurysm's rupture cannot be timed, the timing of the diagnosis made it impossible to determine whether surgical intervention could have prevented the patient’s death.

With these critical admissions on record, the Plaintiff faced a substantial risk of losing the case and being held responsible for the defense’s legal costs. Recognizing the overwhelming strength of QPWB’s legal arguments, the Plaintiff voluntarily dismissed QPWB’s client from the case before the hearing on the summary judgment motions. This ensured a complete victory for QPWB’s client, sparing him from prolonged litigation and financial liability.

Impact on Final Outcome

Facing the outstanding strength of QPWB’s arguments and the risk of a judgment for attorneys’ fees and costs, the Plaintiff voluntarily dismissed the case before the hearing on the motions. This saved the client from prolonged litigation and any financial liability.

Unique Aspect of the Case

A defining feature of this case was that even the Plaintiff’s experts had to acknowledge that QPWB’s client bore no responsibility. By leveraging expert admissions and combining it with strategic legal maneuvers, QPWB successfully neutralized the claims before trial.

Predicting the Future

This case demonstrates QPWB’s proactive and aggressive litigation approach in medical malpractice defense. By leveraging early mediation, strategic motions, and expert testimony, QPWB attorneys efficiently dismantle claims, protecting their clients from unnecessary legal exposure. The firm employs every available tool and resource to achieve the best possible outcome, as seen in this case where QPWB provided a comprehensive mediation brief and in-depth analysis of their client’s position. This strategic preparation influenced the mediator to highlight the significant risks the Plaintiff faced in proceeding against QPWB’s client. Coupled with multiple aggressive and targeted motions designed to systematically dismantle each aspect of the Plaintiff’s claims, this approach ultimately led to a complete dismissal. This victory further reinforces QPWB’s reputation for achieving optimal outcomes in high-stakes medical malpractice litigation and sets a strong precedent for future cases.

Key Actions in This Case

• Mediation & Offer of Judgment: The team participated in mediation with all parties, proposing a package deal where their client would be dismissed in exchange for other radiologists and the radiology practice assuming partial responsibility. When the Plaintiff refused, QPWB filed an offer of judgment mirroring the mediation offer—strategically placing financial pressure on the Plaintiff to reconsider proceeding.
  
• Summary Judgment Motions: Two critical summary judgment motions were filed:
  

  • No Standard of Care Violation: QPWB proved that the client acted within accepted medical standards, with even the Plaintiff’s own expert witnesses conceding no wrongdoing.
    
  • No Causal Link to the Patient’s Death: The defense established that even with an earlier diagnosis, surgical intervention remained speculative and unlikely to change the outcome.
    

• Expert Testimony Breakdown: During expert depositions, QPWB attorneys elicited admissions from the Plaintiff’s experts that:
  

  • The radiologist correctly interpreted and reported the scan.
    
  • The timing of the reading was appropriate, given that the study was not marked as expedited.
    
  • There was no medical certainty that intervention would have prevented the aneurysm from rupturing.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.