19 March, 2024

QPWB Successfully Defends Certified Stroke Center's By-The-Book Decision; Jury Deems Medical Assessment Appropriate


In: Verdicts


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Fort Lauderdale and West Palm Beach, Partner Robert J. Cousin demonstrated unwavering determination and strategic focus on liability, emphasizing the doctor's right to rely on assessments in a certified stroke center's emergency department, securing a favorable outcome with crucial support from Managing Partner Brian Bellavia of the Jacksonville hub, who examined key witnesses.

Overview of the Case

  • The case involved a plaintiff who suffered a significant occlusion of her carotid artery, necessitating an endarterectomy.
  • While awaiting surgery, the plaintiff was discharged home but returned to the hospital the following day with non-specific findings.
  • Our client, after consultation over the phone, determined it unnecessary to readmit the patient.
  • Tragically, the plaintiff suffered a severe stroke while awaiting the scheduled endarterectomy.

Claims Made Against Our Client

  • Allegations of negligence in handling the call from the emergency department.
  • Failure to admit the plaintiff.
  • Failure to conduct an in-person examination.
  • Negligence in ordering diagnostic testing and medications.
  • Assertion that proper actions by our client could have prevented the stroke.

Key Difference-Makers Involved

  • Robert J. Cousins, Fort Lauderdale and West Palm Beach, Partner, meticulously examined witnesses, crafted arguments, and collaborated closely with the legal team to implement a strategic defense that ultimately led to our client's successful outcome.
  • Brian Bellavia, Managing Partner in the Jacksonville office, played a crucial role throughout the trial by examining the plaintiff and several key witnesses, significantly contributing to the successful defense.

Approach to the Case

  • An emphasis was placed on the inevitability of the stroke, regardless of interventions.
  • Asserting the doctor's right to rely on assessments made in the certified stroke center.
  • Utilization of strict criteria for stroke center certification and the qualifications of emergency room physicians in our discovery process.

Impact on the Final Decision

  • The jury ultimately agreed that our client acted appropriately and that the stroke could not have been prevented.
  • This outcome highlights the effectiveness of our unique trial strategy, which prioritized challenging liability and emphasizing the complexities of stroke cases.

Predicting the Future

  • QPWB has the tenacity and skill to present difficult cases for trial.
  • With our excellent trial preparation and presentation, clients can rely on us to successfully defend high exposure cases.

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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