Healthcare
Mr. Polsky has extensive experience in the area of medical, dental, psychiatric, chiropractic, veterinary, and legal malpractice claims. His articles on the subject have been published in Bar journals and legal newspapers. Mr. Polsky serves as mediator and neutral arbitrator in these matters and is an approved Kaiser neutral.
Representative Matters - Allegations of improper dental remediation plan resulting in loss of multiple teeth due to caries.
- Alzheimer patient wandered away from convalescent hospital. Police found her and took her to a medical center where she came under the care of an assigned physician. Following tests she was taken to a care center for the elderly. She developed ulcerations to her buttocks, pneumonia, sepsis, decubitus ulcers and dehydration. She was transferred back to the hospital where she died. Elder abuse, medical malpractice and punitive damage claims asserted against hospital and facility by the estate. (Settled)
- Binge drinking plaintiff admitted to hospital in an anxious and agitated state. A first-year intern and a medical student attended to him and ordered administration of ativan. Impact of ETOH withdrawal was not considered. Ativan dosing increased and four-point restraints were used. Interns failed to diagnose delerium tremons or myocardial infarction. Plaintiff aspirated and went into full cardiac and respiratory arrest while restrained and un-supervised. Plaintiff sustained severe anoxic encephalopathy. (Settlement $3.5 mm)
- Botched breast augmentation surgery resulting in left breast deformity. Saline implants not properly inserted below the pectoralis muscle and protruded out of the pocket on the medial side. Assisting physician did not disclose that he is an osteopath and not licensed in California and not insured. Primary physician did not disclose his primary practice as urology. Repeat surgery by a different surgeon corrected most of the conditions. (Settlement $187,500)
- Brain damage due to hypoxic encephalopathy following cardiac arrest resulting in persistent vegetative state in 49-year-old woman. (Settlement $1.8 mm)
- Claim against hospital, physician and County alleging negligent delivery and neonatal care resulting in an acute hypoxic injury and severe brain damage. (Settled $2.1 mm)
- Claim against hospital, physician and County alleging negligent delivery and neonatal care, including failure to account for group B strep infection in mother, resulting in a birth asphyxia and brain damage. (Settled $1.1 mm)
- Claim against OB/Gyn for failure to timely administer VZIG immunization following exposure of mother to chickenpox. Claim included allegation of "wrongful birth." (Arbitration)
- Claim arising from care of plaintiff at local hospital for failure to timely treat for a diagnosed myocardial infarction. Due to insurance issues, the regional hospital transferred plaintiff to a County hospital following initial treatment for ventricular fibrillation. At the regional hospital plaintiff was treated, given a stress test, and discharged. Within 24 hours she suffered a massive infarct, encephalopathy and brain damage. (Settlement $1.6 mm)
- Claim filed by 24-year-old plaintiff against County hospital and County for care following admission for abdominal complaints. Plaintiff, an acute alcoholic, developed pancreatitis. He was admitted and began withdrawal symptoms. During withdrawal he suffered a complete cardio pulmonary arrest. Primary caregivers prior to the arrest were all interns. Resuscitation was delayed as plaintiff had been placed in a supine position, under restraints and unattended. He sustained anoxic encephalopathy and brain damage. (Settlement $1.65 mm)
- Claims include medical, dental, psychiatric, chiropractic and veterinary malpractice claims.
- Emergency room failure to diagnose C-3 fracture following auto accident. Plaintiff placed on gurney without spinal immobilization. Plaintiff rendered quadriplegic.
- ER physician reviewed incorrect patient’s EKG and diagnosed muscle strain. Patient discharged with anti-inflammatory medication. Upon return to ER the following day the chief of cardiology admitted plaintiff and initiated thrombolysis, catheterization, and angioplasty. Necrosis of the left ventricle with resulting ventricular dysfunction resulted. Issue was whether the delayed diagnosis resulted in the damage and shortened the life expectancy of the 58-year-old plaintiff. (Settled at mediation)
- Failure to diagnose a lung mass in a 66-year-old patient being treated for lupus. Delay of five months. At time of eventual diagnosis patient was terminal from the lung mass, which was adenocarcinoma. Issue was speed of the cancer as this related to causation. (Settlement $250k)
- Failure to provide adequate care resulting in walk away of mental patient and subsequent accident causing severe orthopedic injury. (Settlement $250 k)
- Failure to remove needle resulting in second surgery and alleged brain injury from exposure to anesthesia. (Settlement)
- Failure to secure roof access in hospital and failure to supervise mentally disturbed patient resulting in suicide of the patient.
- Fraud and Medical Malpractice in connection with botched breast implant surgery. Defendant doctor a Board Certified urologist did not disclose lack of experience in breast augmentation surgery. Surgical errors corrected in subsequent surgical procedures performed by another MD. (Settlement $87,500)
- Improper and excessive use of steroid injections into strained left Achilles Tendon resulting in complete tendon rupture. (Settled at mediation)
- Improper removal of four adult teeth in preparation for orthodontia.
- Medical malpractice claim against national drug store chain and subcontractor arising out of injuries sustained when a flu shot was administered. It was contended that the flu shot was administered into the rotator cuff, causing a tear. The tear was surgically repaired. Plaintiff was physically active with no history of similar symptoms. (Settled)
- Multiple cases involving failure to diagnose breast cancer resulting in death. (Settlement ranged from dismissal to in excess of $1 mm)
- Multiple steroid injections to Achilles tendon with subsequent complete rupture of the tendon.
- Negligence claims against plasma donation center with allegations that improper plasma collection resulted in venuous thrombosis and right arm edema. Medical expenses and hospitalization exceed $55,000. (Settled at mediation)
- Numerous neutral and party arbitrator services.
- Perforated septum secondary to application of liquid cocaine treatment for post-surgical congestion.
- Person in long-term care facility fell from bed post-surgery resulting in hip replacement. Allegations of failure to provide adequate nursing care and lack of bed rails. Patient had history of falling from bed, which resulted in the first surgery. (Settlement $150 k)
- Plaintiff had sustained many injuries to his back while working as a driver-warehouseman. He had had surgery twice and had been retrained as a technician. He was re-injured using an exercise device while receiving physical therapy. A nut came off the equipment while it was under tension. The action was a workers compensation, product liability and medical malpractice claim. (Settlement $175 k)
- Removal of incorrect organ. (Arbitration)
- Sexual acts performed while patient under anesthesia. (Settlement $250 k)
- Two similar cases involving severe hypoxic ischemic brain injury resulting in mixed choreoathetoid and spastic cerebral palsy secondary to birthing complications. In case # 1 Mother was in a facility attended by a second-year resident who failed to notify a senior resident of complications during labor. Hospital did not have C section capability. Combination resulted in delay of delivery. (Settlement $1.5mm). In case # 2 the 16-year-old mother did not timely report when labor pains commenced. She reported 10 days late with contractions every 10 minutes. The hospital did not have an attending obgyn and the ER physician was too busy. Fetal monitor strips were abnormal but no physician was provided until the head was crowning. The baby was delivered by nursing staff and was flaccid at delivery. The ER physician arrived after birth competed. (Settlement 1.8 mm)
- Ultrasound interpretation under-weighted unborn child. Vaginal delivery attempted but baby was macrosomiac and delivery was arrested. Shoulder dystocia complication occurred with damage to C 5 nerve root and avulsion to C 6, 7, 8 nerves. Issue of timing of handoff by resident to MD.
- Wheelchair confined 42-year-old was operating her electric wheel chair on a public street when the chair malfunctioned, turned left and over a curb causing the user to fall and sustain serious injury. Injuries included knee fracture and closed head trauma with seizure disorder. (Settled at mediation)
- Wrongful death claim resulting from alleged failure by medical provider to discontinue Heparin prior to and after a liver aspiration, leading to shock to the liver and multiple organ damage and death. (Settled $235,000)