Domina Law Group's resourceful and delicate efforts in the
medical malpractice area have helped two Midwestern families enormously. In both instances,
substantial settlement amounts are confidential. But, in both cases, the
clients are “very pleased” with the results.
Strategic discovery and careful pre-filing planning, produced evidence
that a two-month delay in preparing a surgical record for a central Nebraska
man was, in fact, a strong clue of improper care.
Tom Baker, a supervisor at Grand Island, Nebraska’s largest employer,
suffered a modestly herniated lumbar disk. A simple discectomy was needed.
A central Nebraska orthopedic surgeon was consulted, and surgery was scheduled.
Tom did not do much better after surgery. In fact, he got worse. Infection
set in. A visit to the doctor’s office produced a disturbing observation.
The doctor seemed lost when he tried to count discs on an x-ray in front
of his patient.
Eventually Tom struggled so much he saw another surgeon, who quickly ascertained
that the original herniation still existed, and surgery appeared to have
been performed above the intended surgical site.
Tom consulted David Domina of Domina Law Group and Steve Dowding of Grand
Island. Tom’s lawyers launched an investigation. After digging through
records, they confronted the doctor. His lame explanation for the circumstances
did not hold water. Tom’s lawyers filed suit.
As the case unfolded, Tom’s original doctor was hard pressed to offer
a coherent explanation for the fact that Tom’s original disk herniation
remained intact, but health disk tissue above had been impaired.
Finally, shortly before trial, settlement terms were reached. The confidential
amount will give Tom, his wife Chris and their four children the start
they need at a new life.