Healthcare

 
This practice area has the following sub practice areas:

Kiernan Trebach has extensive experience defending clients from medical malpractice as well as dental malpractice, medical device liability, products liability, and other related claims. We are familiar with medical malpractice claims involving a wide variety of care-giving settings.

Over the last 30 years, Kiernan Trebach is proud to have represented and continues to represent:

Being faced with allegations of medical malpractice can be extremely overwhelming, emotional, and typically can involve many more details than a non-medical case. Kiernan Trebach’s lawyers are your partner from the very beginning and consistently bring high-level, experienced legal expertise along with the professional acumen to navigate difficult cases and plaintiffs.

Our attorneys have amassed significant experience in a multitude of medical practice areas with success, including but not limited to:

We also provide advice, counsel, representation and policy revisions on a large number of topics, such as informed consent and all aspects of investigation and defense of disciplinary proceedings.

Recent Case Examples:

• Failure to Diagnose: Obtained a defense verdict at trial on behalf of a hospital and general surgeon who allegedly failed to diagnose a patient's vulvar cancer
• Family Medicine Physician - Defense Verdict in 2-week trial in October 2018 in favor of a family medicine physician accused of failing to properly follow a patient’s elevated prostate specific antigen (PSA) test results, resulting in prostate cancer related death
• Otolaryngologists - Secured across the board defense award in favor of three otolaryngologists in binding private arbitration in June 2023. Clients were accused of failing to properly recognize and treat throat infection which led to prolonged intensive care unit admission.
• Post-Surgery - Obtained a defense verdict at trial on behalf of a Physical Medicine & Rehabilitation specialist who allegedly failed to prescribe appropriate DVT prophylaxis to a patient after spinal surgery and post-surgical rehabilitation. The patient died from a pulmonary embolism.  
• Radiologist - Obtained a directed verdict at trial for an outpatient imaging center at the close of the defense case based on alleged vicarious liability for the co-defendant radiologist (case went to verdict against co-defendant radiologist and co-defendant surgeon).  
• Radiologist - Obtained a defense verdict in a month-long trial alleging profound disability as a result of brain stem stroke.
• Ophthalmology - Obtained defense verdict at trial of claims involving alleged medical negligence arising from bilateral cataract procedures and related follow up care.
• Oral Surgery - Prevailed at summary judgment in federal court on behalf of an oral surgeon who was allegedly failed to properly treat an incarcerated patient, including 8th amendment claims of deliberate indifference, and state law malpractice claims 
• Oral Surgery- Obtained dismissal with prejudice on claims against an oral surgeon alleged to have caused permanent hemi-facial paralysis following a multiple tooth extraction procedure 
• Surgical Equipment - Obtained summary judgment in favor of hospital and surgeon in a retained sponge case. 
• Wrongful Death/Survival -  
  • Successfully resolved survival action and wrongful death claims resulting from alleged surgical complications and subsequent care.
  • Motion to strike was granted in defense of a psychiatrist and practice, affirmed on appeal by the Supreme Court of Virginia.
  • Obtained a defense verdict in an alleged missed diagnoses of clostridioides difficile (wrongful death claim in defense of a healthcare facility). 
  • Obtained a defense verdict in an alleged missed diagnosis of an aortic aneurysm (wrongful death claim in defense of an emergency room physician).

 

For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Healthcare (https://www.kiernantrebach.com/attorneys/)