Final Verdict: Some Damages are Unavoidable

FREE Case evaluation

Serious injuries deserve experienced attorneys

Final Verdict: Some Damages are Unavoidable

Medical malpractice attorneys are often asked whether a particular situation is enough of a case to justify bringing an action. The answer depends on multiple factors that aren’t necessarily obvious. As with any personal injury case, it doesn’t necessarily matter how severe the injuries are unless it can be proven that negligence was a direct cause of those injuries. There is no question that complications from medical procedures can be devastating, heartbreaking, and life-altering. However, damages alone do not prove negligence.Final Verdict: Some Damages are Unavoidable

In order to win a medical malpractice case, a personal injury attorney like  Cohen & Cohen who specializes in medical mistakes must show that the physician, hospital, or other medical provider was actually negligent in action or inaction. The attorney also has to prove that the negligence caused the injury, rather than merely being incidental to it. For example, if a doctor makes a mistake in treating an injury, the doctor is only responsible for the new damage caused by the mistake, not for the aftermath of the original injury.

Medical malpractice isn’t necessarily the case even when a procedure goes differently than planned. In 2014, Dr. Yelena Lubman performed a lengthy procedure for her patient Teena Engels, a 42-year-old homemaker in Baltimore County, Maryland. The procedure included hysteroscopy (the insertion of a diagnostic scope through the vaginal canal), dilation and curettage, ablation therapy, and a technique called transobturator sling placement. These were intended to treat stress incontinence suffered by Teena. 

Stress incontinence is a condition where the muscle controlling the bladder loses tension during events like sneezing or coughing, resulting in small leaks. For many women, it is a significant annoyance, and a transobturator sling is an attempted remedy. The sling is a small piece of mesh which is inserted under the urethral canal to relieve pressure on the uterine sphincter. Harvard Health explains:

[This] minimally invasive technique…uses needles to place a narrow strip of mesh under the urethra. The procedure takes 15 to 30 minutes and can be performed on an outpatient basis using local anesthesia along with a sedative drug administered intravenously.

Unfortunately, during the procedure, Dr. Lubman accidentally damaged the urethra, resulting in increased urinary incontinence, difficulty urinating, and significant pain and trauma. Teena sued, arguing that Dr. Lubman was insufficiently skilled in performing the procedure and shouldn’t have attempted it. Teena’s medical malpractice attorney brought experts who argued that additional techniques like hydrodissection should have been used to help avoid this injury. 

However, defense experts said otherwise. Injury to the urethra is an understood risk of the procedures chosen by Teena, and she was notified of the possibility before surgery. They also argued that additional techniques like hydrodissection don’t always help and are based on the preference of the physician. During the five-day trial, Dr. Lubman even testified on her own behalf to show that she understood these procedures and was competent to perform them. Although no one disputed the extent of Teena’s injuries, the jury ultimately decided after 3 hours of deliberation that Dr. Lubman was not responsible for any malpractice. 

 

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc

Featured on

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

RECENT POSTS

Client Review

"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."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

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.

Best Personal Injury Lawyer in DC

SuperLawyers2010
SuperLawyers2011
SuperLawyers2012
SuperLawyers2014

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

5 + 6 =

Read more: