Defense Strategy Backfires in Kansas Medical Malpractice – Brain Injury Action --$6.5 Million

Winter 2005

Defense Strategy Backfires in Kansas Medical Malpractice - Brain Injury Action

Welcome

In the Winter 2005 issue of our newsletter, we report on strategies used to achieve settlements in a Kansas medical malpractice case, an industrial explosion case that settled for the policy limits, and two trucking accident cases. Since 1949, our firm has committed itself to the representation of individuals suffering with serious personal injury and families suffering from the wrongful death of a loved one. As we continue our mission, we take a moment to wish you and your family a joyous holiday season and a new year filled with happiness, good health, and prosperity.

In Kansas medical malpractice cases, the usual multiple-defendant tactic is to refrain from making any affirmative allegations of fault against other defendants "at this time." This strategy backfired in this tragic case of medical negligence against three physicians and a hospital, filed in the District Court of Johnson County, Kansas.
Vic Bergman and Matt Birch collected policy limits of $1,000,000 each against physician-defendants AnaLuina Estrada, M.D., Bruce B. Snider, M.D. and Bryan S. Taylor, M.D., and then proceeded to trial against defendant Olathe Medical Center, Inc., eventually settling with the

The plaintiff, Sara Hotchkiss, was 23 years old, married, and 35 weeks, 6 days along in her pregnancy when she was admitted to Olathe Medical Center on September 19, 2002, under the care of Bruce Snider, M.D., an obstetrician, Bryan Taylor, M.D., an anesthesiologist, and the nursing staff and respiratory therapy staff of Olathe Medical Center.