HEALTHCARE / PROFESSIONAL LIABILITY
DISPUTE RESOLUTION EXPERIENCE

Mr. Polsky has extensive experience in the area of medical, dental, psychiatric, chiropractic, veterinary and legal malpractice claims. His articles on the subject have been published in Bar journals and legal newspapers. Mr. Polsky serves as mediator and neutral arbitrator in these matters and is an approved Kaiser neutral.

REPRESENTATIVE MEDICAL MALPRACTICE, HEALTH CARE PROVIDER AND ELDER ABUSE CASES HANDLED BY MR. POLSKY

• Multiple cases involving failure to diagnose breast cancer resulting in death. (Settlement ranged from dismissal to in excess of $1 mm)
• Failure to remove needle resulting in second surgery and alleged brain injury from exposure to anesthesia. (Settlement)
• Removal of incorrect organ. (Arbitration)
• Perforated septum secondary to application of liquid cocaine treatment for post-surgical congestion.
• Sexual acts performed while patient under anesthesia. (Settlement $250 k)
• Person in long-term care facility fell from bed post-surgery resulting in hip replacement. Allegations of failure to provide adequate nursing care and lack of bed rails. Patient had history of falling from bed, which resulted in the first surgery. (Settlement $150 k)
• Improper removal of four adult teeth in preparation for orthodontia.
• Emergency room failure to diagnose C-3 fracture following auto accident. Plaintiff placed on gurney without spinal immobilization. Plaintiff rendered quadriplegic.
• Numerous neutral and party arbitrator services.
• Failure to provide adequate care resulting in walk away of mental patient and subsequent accident causing severe orthopedic injury. (Settlement $250 k)
• Failure to secure roof access in hospital and failure to supervise mentally disturbed patient resulting in suicide of the patient.
• Fraud and Medical Malpractice in connection with botched breast implant surgery. Defendant doctor a Board Certified urologist did not disclose lack of experience in breast augmentation surgery. Surgical errors corrected in subsequent surgical procedures performed by another MD. (Settlement $87,500)
• Multiple steroid injections to Achilles tendon with subsequent complete rupture of the tendon.
• Alzheimer patient wandered away from convalescent hospital. Police found her and took her to a medical center where she came under the care of an assigned physician. Following tests she was taken to a care center for the elderly. She developed ulcerations to her buttocks, pneumonia, sepsis, decubitus ulcers and dehydration. She was transferred back to the hospital where she died. Elder abuse, medical malpractice and punitive damage claims asserted against hospital and facility by the estate. (Settled)
• Claim against hospital, physician and County alleging negligent delivery and neonatal care resulting in an acute hypoxic injury and severe brain damage. (Settled $2.1 mm)
• Claim against hospital, physician and County alleging negligent delivery and neonatal care, including failure to account for group B strep infection in mother, resulting in a birth asphyxia and brain damage. (Settled $1.1 mm)
• Claim arising from care of plaintiff at local hospital for failure to timely treat for a diagnosed myocardial infarction. Due to insurance issues, the regional hospital transferred plaintiff to a County hospital following initial treatment for ventricular fibrillation. At the regional hospital plaintiff was treated, given a stress test, and discharged. Within 24 hours she suffered a massive infarct, encephalopathy and brain damage. (Settlement $1.6 mm)
• Claim filed by 24-year-old plaintiff against County hospital and County for care following admission for abdominal complaints. Plaintiff, an acute alcoholic, developed pancreatitis. He was admitted and began withdrawal symptoms. During withdrawal he suffered a complete cardio pulmonary arrest. Primary caregivers prior to the arrest were all interns. Resuscitation was delayed as plaintiff had been placed in a supine position, under restraints and unattended. He sustained anoxic encephalopathy and brain damage. (Settlement $1.65 mm)
• Claim against OB/Gyn for failure to timely administer VZIG immunization following exposure of mother to chickenpox. Claim included allegation of "wrongful birth." (Arbitration)
• Plaintiff had sustained many injuries to his back while working as a driver-warehouseman. He had had surgery twice and had been retrained as a technician. He was re-injured using an exercise device while receiving physical therapy. A nut came off the equipment while it was under tension. The action was a workers compensation, product liability and medical malpractice claim. (Settlement $175 k)
• Medical malpractice claim against national drug store chain and subcontractor arising out of injuries sustained when a flu shot was administered. It was contended that the flu shot was administered into the rotator cuff, causing a tear. The tear was surgically repaired. Plaintiff was physically active with no history of similar symptoms. (Settled)

REPRESENTATIVE LEGAL MALPRACTICE CASES HANDLED BY MR. POLSKY

• Action by developer to recover $2.6 mm settlement payment and $400 k in defense costs arising from representation in partnership dispute in a limited liability company set up to develop residential real estate. Developer alleges that law firm failed to draft operating agreement in a manner that would have avoided the dispute, failed to give developer a priority distribution and failed to characterize related transactions as that term was used in the partnership operating agreement. (Settlement $1.575 mm)
• Coverage dispute following sinking of vessel in calm seas. Insurer asserted that vessel not seaworthy at the time of the sinking due to rust out of drain plug. Jury ruled against insurer and mediation utilized to resolve bad faith claim and insurer's errors and omissions claim against counsel at the underlying trial.
• Allegation of legal malpractice in connection with representation in wrongful termination action. Allegation is failure to move for summary adjudication, and allowing the case to go to trial where there was a clear legal defense. At trial plaintiff recovered $490 k. Appeal bonds were posted and the matter was settled. This action seeks to recover the settlement plus attorney fees. (Settlement $325 k)
• Action by original writer and producer of old line television series for attorney malpractice, which culminated in the loss of distribution rights to all of his series and productions. (Settlement was obtained)

OTHER RELATED EXPERIENCE

Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California Law School, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses on mediation and arbitration in the LLM program. He has resolved thousands of complex commercial and serious injury disputes and was named one of the top 20 mediators and arbitrators in California by the Daily Journal. Local bar association annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator.