Schiff & Hulbert Finds a Remedy Of More Than $125,000
For Hospital.

A hospital employee filed a claim that washing windows had caused herniated lumbar discs, resulting in two surgeries. Our investigation uncovered contemporaneous accident and medical records that revealed that the claimant had not noticed the onset of pain until two days after the alleged accident. The claimant admitted that she did not seek any treatment until 10 days later. During cross-examination, the claimant’s doctor testified that his opinion was based on a sudden onset of pain. The arbitrator found that the claimant did not meet her burden of proving accident or causal connection and compensation was denied, saving the hospital more than $125,000.

Schiff & Hulbert Saves Hospital More Than $100,000
in Claim by Nurse.

A hospital nurse alleged that a combative patient punched her in the stomach, causing acute abdominal pain. Two days later, she was admitted to the hospital for exploratory surgery in which her spleen was removed. Following our investigation, it was determined that the claimant had completed her incident report on a day other than the day of the alleged patient confrontation. The combative patient was discovered to be a 91-year-old nursing-home transfer described as “lethargic.” The claimant’s expert witness testified to a causal connection. On cross-examination, he admitted that he had never removed a spleen. Our expert testified that he had removed 19 spleens and had pioneered the splenic salvage procedure. The Industrial Commission denied compensation, finding no causal connection. The claimant and her expert were found less credible than our expert. The hospital was saved more than $100,000 in medical bills, temporary total disability, and permanent partial disability.