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Cleveland OH 44122
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Our Ohio Medical Malpractice Case Facts

Mr. Gibson had two small cysts on his left index and middle fingers. He saw a hand surgeon, who recommended removing the cysts. The procedure went forward in the surgeon’s office, and there were no complications. That evening, however, Mr. Gibson’s fingers became painful and discolored. Mr. Gibson was concerned, so he called the surgeon and texted photos of his blue fingers.

Rather than sending Mr. Gibson to the emergency department, the surgeon told him this was normal and would resolve on its own as soon as the adrenaline wore off. The surgeon then advised Mr. Gibson to come to the office the next day. The next morning, Mr. Gibson’s fingers began to develop blisters and were very painful, and he texted more photos to the surgeon. Still, the surgeon did not seem concerned with the photos and told Mr. Gibson to come to the office at noon. At the office visit, the surgeon did nothing to reverse the obvious lack of blood flow to Mr. Gibson’s fingertips that was causing the pain and discoloration. He simply advised Mr. Gibson to go home and elevate and soak his fingers for 48 hours.

Over the course of the next few weeks, the tissues in Mr. Gibson’s fingers died and eventually required amputation. This should not have happened. When the surgeon spoke to Mr. Gibson and received the photos of his fingers the evening after surgery, he should have sent Mr. Gibson to the emergency room – or to his office – where Mr. Gibson could be treated with a medication that reverses inadequate blood flow in the fingers.

The loss of two fingers was especially devastating to Mr. Gibson for several reasons. First, it significantly impacted his ability to do his job as an IT consultant. Second, it caused a lot of pain, which affected his mood and his relationship with his wife and family. Most importantly, it made it more difficult for Mr. Gibson to care for his youngest child, who suffers from severe cerebral palsy.

The Eisen Law Firm Medical Negligence Case: Investigation and Preparation

Mr. Gibson contacted The Eisen Law Firm to represent him in the investigation of potential medical negligence claims. The Eisen Law Firm began by obtaining and reviewing the medical records from the hand surgeon. Then, we personally researched, retrieved, reviewed, and analyzed several primary journal articles, texts, and other research materials in connection with the preparation of this case. Once we developed an understanding of the events surrounding Mr. Gibson’s hand surgery and the medical issues involved in the case, we set about finding a top-notch expert in hand surgery to review and prosecute the case.

The Eisen Law Firm Medical Negligence Case: Litigation

The Eisen Law Firm filed suit and began conducting discovery. Before even taking any depositions, we decided to lay our cards on the table and show the defense this case was indefensible. As part of our research, we found key articles in the medical literature that established the standard of care under these circumstances and proved the hand surgeon violated that standard. Specifically, the surgeon was negligent by failing to: (a) recognize that the painful, discolored fingers were caused by lack of blood flow; and (b) reverse the lack of blood flow using a medication called Phentolamine.

Fortunately, the hand surgeon was represented by an experienced defense lawyer, who quickly recognized the challenges of defending this case against experienced advocates and decided to negotiate a reasonable settlement rather than dragging out the litigation.

The Eisen Law Firm and Medical Malpractice Cases

The Eisen Law Firm has been handling medical negligence cases for decades. In fact, that is all we do. Some cases are clearer than others, but we are prepared and committed to spending whatever is necessary to maximize the chances of recovery in each case. To commit the time and money necessary to handle these kinds of cases, The Eisen Law Firm limits its representation to only a few cases per year. When necessary, we will turn down new clients with potentially strong cases to maintain our focus on existing clients.

Todd Gurney, Lead Attorney on this case, spent significant time reviewing, organizing, and studying the medical records and relevant medical literature to develop a true understanding of the key factual, medical, and legal issues involved. At The Eisen Law Firm, we believe the only way to win cases against sophisticated, well-heeled adversaries is to be well-versed in the medical issues, to develop a strong theory of the case supported by top-notch experts, and to be fully prepared to litigate the case to the end. That is precisely what Todd Gurney and The Eisen Law Firm did here for Mr. Gibson.