2021 Montgomery County Malpractice Verdict

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Case Overview

In August of 2021, a Montgomery County medical malpractice jury revealed their verdict as ruling in favor of the plaintiffs. This case involved the death of the mother of the plaintiffs, Yvonne Napoleon, following the removal of a feeding tube under the care of Oakview SNF, LLC in Maryland. The practitioner allegedly neglected to follow direct orders to apply a protective binder that would keep the feeding tube secured and from being removed.

The victim was 76 and was living with advanced dementia. The primary argument of the plaintiff was based on the negligence of the nursing home. As a result of the nursing home’s negligence, the victim vomited and aspirated her stomach contents into her lungs and successively suffered a hole in her stomach that resulted in inflammation of the lining of your belly or abdomen, referred to medically as peritonitis.

Contrary to the claims on behalf of the plaintiffs, the nursing home refused to accept responsibility for their negligent behaviors, stating that vomiting and successive aspiration was a consequence of dementia. Additionally the nursing home refuted claims that the resulting hole in the victim’s stomach were completely unassociated with her condition and subsequent death. Following the proceeding the jury arrived at a verdict which awarded $800,000 to the estate of Yvonne Napoleon as well as to her sons, the plaintiffs, for their pain and suffering and subsequent medical bills incurred as a result of the situation.

The Role of a Medical Malpractice Lawyer

Although this scenario occurred in a nursing home care setting, similar incidents can easily happen to those receiving care in a hospital setting. Those who have experienced similar tragedies may choose to solicit the assistance of experienced Hospital accident lawyers Montgomery County, MD residents trust. 

Experienced lawyers at Cohen & Cohen specialize in cases that involve hospital accident related cases that are a result of negligence on the behalf of the care provider, such as this. Tragically, when doctors make medical mistakes during the process of delivery, the consequences are particularly devastating for victims and their families.

In order to prove entitlement to compensation, victims and their legal team must be able to present four aspects that prove the health care professionals acted negligently. First, it must be proved that the provider accepted you as a patient and that they were legally responsible to provide you with care services. Second, it must be proved that the care provider failed to meet standards of care that are medically acceptable. Third, it must be proved that the damages that were sustained are a direct result of the providers failure to meet medically acceptable standards of care. Finally, the plaintiff and their lawyers must prove that you experienced damage and the damage you experienced was the direct result of the failure to provide you with adequate service.

Victims of medical malpractice may face a long and costly road to recovery. The role of lawyers that specialize in medical malpractice related case work is to help victims pursue and obtain compensation for the damages they sustain as a result of negligent medical care that resulted in injury, death, or pain and suffering.

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"I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side."
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Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.