SCOTTSDALE HUB - QPWB attorneys Michael Tamm and Dominique Barrett recently obtained a defense verdict in a medical malpractice case, demonstrating the firm's expertise in medical malpractice defense and its commitment to providing effective legal representation.

Overview of the Case
The case involved a plaintiff who alleged that a medical assistant (and her employer, a plastic surgery center) failed to properly administer a procedure to reduce/eliminate hyperhidrosis, which led to burns in both underarms, the need for skin grafts, burn management, physical therapy, and took an emotional toll. Based on their range and suggestions for pain and suffering, the plaintiff sought a range between $1,000,000 and $2,000,000 in damages, with room for the jury to award higher or lower.

Key Difference-Makers
● Michael Tamm - Partner
● Dominique Barrett - Partner

Administrative Support:
● Nicole Brown - Legal Assistant
● Theresa Ramirez - Paralegal

Claims Made Against Our Client
The plaintiff alleged that the medical assistant failed to use water-based lubricant before administering the procedure, which led to an improper seal and suction of the device and led to microwave energy being delivered improperly and leading to the burns. Specifically, the plaintiff asserted that if the device functioned as intended, then the second and third-degree burns sustained could only be attributed to user error, namely the failure to apply the required water-based lubricant.

Defense Strategy
QPWB argued that the medical assistant had done hundreds of these procedures, and there was no evidence that she breached the standard of care. We attacked Plaintiff's argument on standard of care and causation. Moreover, if the defendant had not used the jelly water-based lubricant as alleged, the manual makes it clear that the device would not have worked or emitted microwave energy. Thus, since the procedure was completed, the jelly water-based lubricant had to have been used. Furthermore, the Plaintiff experienced a known risk of the procedure: burns, as outlined by the device manufacturer.

Impact on Final Outcome
While the case was relatively straightforward, the plaintiff attempted to obfuscate the facts by introducing extraneous information regarding care provided by other individuals employed by the surgery center. The jury returned a defense verdict, and the plaintiff was awarded no damages.

This successful outcome was largely due to QPWB's ability to highlight the lack of evidence of a breach in the standard of care and to emphasize that burns were a known and accepted risk of the procedure. The experts also conceded that the risk of the procedure can occur in the absence of negligence. The jury's decision to return a defense verdict speaks volumes to the team's ability to present a clear and persuasive argument that resonated with the jurors.

Predicting the Future
This win reinforces QPWB's commitment to providing outstanding legal representation in all legal matters, including medical malpractice cases. In addition to effectively utilizing legal precedent, QPWB's attorneys and support staff consistently seek innovative approaches and solutions to address the unique challenges of each case. This dedication to client-focused representation, combined with a deep understanding of medical malpractice law, allows QPWB to guide healthcare professionals through complex legal situations and achieve the best possible outcomes.

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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.