Vigorous pre-suit investigation leads to favorable resolution of medical professional liability case.

The claims arose from the alleged occurrence of an unrecognized left tibial/medial plantar nerve injury during left ankle deltoid ligament reconstruction. Despite challenging liability issues the defense was able to significantly discredit the plaintiff at her videotaped discovery deposition based on the findings of an extensive pre-suit investigation. After testifying to having no criminal history, the plaintiff was confronted with multiple guilty pleas for writing bad checks. Also, we were able to get the plaintiff to admit that she had asked a subsequent treating orthopedic surgeon to change his documentation in the records to enhance her lawsuit. Further, we established that much of the plaintiff’s testimony was inconsistent with the medical record documentation. Finally, although the plaintiff certainly has a component of nerve damage in her left foot, we elicited favorable testimony on damages, which suggested that the primary cause of her pain and debility was unrelated and due to preexisting mechanical conditions. The plaintiff’s demand pre-deposition was $450,000; we resolved the case after the deposition for a de minimus payment of $30,000.