Attorneys Timothy Whiting, Jennifer DiVincenzo, and Ashley Marcos obtained a 3.5 million dollar settlement against a major Chicago hospital, in a wrongful death medical malpractice suit for the death of a thirty-three year old father and husband that was admitted for complaints of chest-pain, discharged five hours later, and passed away at his home 21 days later of a heart attack.
There were complexities in this case from the start; 33 year old men do not normally die from a heart-attack, our client was heavy-smoker and social drinker, not to mention the 21 day time gap between our clients’ discharge from the hospital and subsequent cardiac episode that led to his death. Mr. Whiting and his team faced these complexities head on, and did not shy from their client’s lifestyle prior to his death, but rather kept the focus where it needed to be, that if the emergency room physician had performed a proper cardiac workup in light of the warning signs and symptoms their client complained of on admission to the ER, their client would have survived, and proved this did not need to happen with proper medical care and attention.
Mr. Whiting and his team tested out the key issues in the case with numerous focus groups and incorporated this feedback into proving their theory of the case; that the doctor had a duty to run the complete cardiac workup, and despite their client being a low risk patient for a cardiac issue, it is always better to test and not guess. This rhetoric of test and not guess became the central theme to proving the case and kept the focus on the failures of physician and hospital and not the largely irrelevant lifestyle choices made by their client, the patient.
Through rigorous motion practice and a skillfully planned opening statement that involved Mr. Whiting acting out a blood-clot to explain complex cardiovascular treatment, Mr. Whiting and his team were ready to put this case in front of a jury. By removing the attempted distractions of the defense and distilling the complex medical testimony in the case into digestible information through testimony and demonstrative boards, Mr. Whiting and his team secured a 3.5 million dollar settlement, more than tripling the previous offer on the case.