DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Types of malpractice cases that we have handled successfully

Spinal Cord Injury

We obtained a confidential substantial settlement against a hospital and anesthesiologist due to their failure to diagnose and treat a spinal epidural abscess in a timely manner.  The patient was infected with a bacterial infection during a steroid injection in the neck meant to treat cervical pain.  The patient got sick from the infection and started experiencing neurological symptoms consistent with a spinal infection.  The anesthesiologist ignored the symptoms.  The patient arrived at the hospital with severe weakness in the legs.  Despite surgery, the patient became paralyzed from the breasts to the toes.  We proved that emergency neurosurgery would have spared the patient this terrible fate if the anesthesiologist had hospitalized the patient earlier.  We also proved that the hospital delayed surgery for no good reason.  We hired expert neurosurgeons, a neurologist, an anesthesiologist and an economist to prove our case.

Drug Interactions

We obtained a confidential substantial setttlement in a wrongful death case against a pharmacy and dentist where the patient died from a dangerous combination of Xanax and Mepergan, which caused respiratory depression and death.  Neither the dentist nor the pharmacy took a proper history to determine the dangerous interaction between Xanax, a benzodiazapine, and Mepergan, a narcotic.  Both drugs when taken together can be lethal.  We hired an expert dentist, a pharmacist and an economist to prove our case.

We obtained a confidential substantial settlement against a pharmacy and internist who failed to monitor the patient's lithium usage.  The 50-year-old patient died from lithium toxicity.  Lithium is an anti-depressant that must be monitored carefully through blood tests.  Too much lithium in the bloodstream can be lethal.  We hired an expert pharmacist, a family physician and an economist to prove our case.

We obtained a confidential substantial settlement against a hospital for failure to treat a drug overdose.  The hospital did not follow its policy for monitoring patients with an overdose.  We proved that if the hospital had followed its own policy, then the patient would have survived the overdose.  We hired experts in emergency room medicine and toxicology and an economist to prove our case.

Heart Attack

We obtained a confidential substantial settlement against an emergency room physician and physician's assistant for failing to diagnose a heart attack.  The patient arrived at the ER with chest pain.  The patient was misdiagnosed with epigastric pain despite having anginal pain suggestive of a heart attack.  The patient died one day after discharge.  We proved that, had the patient been admitted tot he hospital and given TPA, then the patient would have survived the heart attack.  We hired experts in emergency room medicine and cardiology and an economist to prove our case.

Pulmonary Embolism

We obtained a confidential substantial settlement against a hospital which misdiagnosed a pulmonary embolism in the emergency room.  The patient arrived at the ER with shortness of breath and fever.  The patient was misdiagnosed with the flu and discharged from the ER.  The patient died six days later.  We proved that, had the patient been admitted to the hospital and administered anti-clotting medicine, then the patient would have survived.  We hired experts in emergency room medicine and pulmonology and an economist to prove our case.

Post-Surgical Bleeding

We obtained a confidential substantial settlement against a hospital that failed to detect bleeding after surgery.  The patient arrived at the ER following an automobile wreck.  The patient started bleeding into the abdomen.  The patient was not monitored properly and later bled to death.  We proved that, had the hospital staff ordered a CT scan of the abdomen, then they would have detected the bleeding, and surgery would have saved the patient's life.  We hired an expert in trauma surgery and an economist to prove our case.

We obtained a confidential substantial settlement against a hospitalthat failed to detect bleeding following prostate surgery.  An artery had been nicked during surgery.  The patient's vital signs showed significant bleeding.  Despite these signs, the hospital staff did not intervene.  We proved that if the hospital staff had detected the bleeding, then the patient would likely have survived.  We hired experts in urology to prove our case.

We obtained a confidential substantial settlement against a hospital and a radiologist who failed to detect bleeding following a liver biopsy.  An artery had been nicked during the biopsy.  The patient bled after the biopsy and developed pneumonia.  The patient later sustained brain damage from lack of oxygen and died.  We proved that if the hospital staff had detected the patient's lack of oxygen, then the patient would likely have survived.  We hired experts in radiology and critical care medicine and an economist to prove our case.

Plastic Surgery Malpractice

We obtained a confidential substantial settlement against a plastic surgeon and emergency room physician who failed to diagnose and treat bowel perforations that occurred during liposuction.  The patient developed sepsis (infection of the blood) when bowel contents spilled out into the patient's abdomen.  The blood infection ultimately killed the patient.  We proved that if the plastic surgeon and emergency room physician had diagnosed the infection, then the patient would have survived the infection.  We hired experts in plastic surgery and emergency medicine and an economist to prove our case.

Psychiatry / Mental Health

We obtained a confidential substantial settlement against a psychiatric hospital and psychiatrist for the premature release of a patient who was suicidal.  Seven days after discharge, the patient committed suicide.  We  proved that, had the hospital staff and psychiatrist monitored the atient carefully and handled the discharge appropriately, then the patietn would probably be alive today.  We hired multiple psychiatric experts and an economist to prove the case.

Gynecology /  Medical Devices

We obtained a confidential substantial settlement from a hospital, a gynecologist and a medical device manufacturer for third-degree urns to the vaginal area.  The patient had significant post-menopausal bleeding and sought surgicla treatment for this.  The gynecologist performed a thermal ablation procedure with a machine that injects superheated water into the uterus to cauterize the source of the bleeding.  Some of the water leaked out during the procedure and burned the patient all the way to the anus.  The patient needed plastic surgery and grafting to repair the burn sites.  We proved that the device was defective because it leaked.  We also proved the gynecologist failed to seal off the patient's vagina during the procedure.  We retained eperts in gynecology and FDA compliance to prove our case.

General Surgery

We obtained a confidential substantial settlement from a general surgeon and hospital for mismanagement of a tension pneumothorax.  The patient was a child whohad air in the thorax that was pressing against the lungs and heart vessels.  The general surgeon failed to insert a chest tube properly to let the air out and relieve the pressure.  The anesthesiologist gave the wrong anesthetic.  The child died from the air pressure.  We proved that, had the chest tube been inserted properly, then the air pressure would have been relieved and the child would have survived.  We hired an expert in general surgery and an anesthesiologist to prove our case.


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Kelly, Kelly and Allman
629 East Main Street
Hendersonville, TN 37075
Phone: (615) 824-3703
Fax: (615) 824-2674
Toll Free: (888) 824-3400

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Kelly, Kelly and Allman
629 East Main Street
Hendersonville, TN 37075
Phone: (615) 824-3703
Fax: (615) 824-2674
Toll Free: (888) 824-3400

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