This was an interesting read because it's one of the few cases that made it to trial (but I suppose I can see why given the plaintiff's weak case and ridiculous ask).
Have to say, your second analysis point was my first thought. I'm sure the plaintiff's expert is a qualified and well-regarded orthopedic surgeon, but his opinion's preamble makes him sound like a pompous blowhard (sorry to borrow your word, but "pompous" was literally my first thought). I wonder if that attitude came out at trial and alienated the jury from any strained argument the plaintiff might otherwise have.
Yeah one of the things I've learned from writing up all these cases is that its very rare for them to actually make it to trial. Totally agree the guy is pompous. The law firm should have asked him to tone it down a bit.
It seemed to me that part of the problem was too many handoffs during the holidays. Either the pain wasn't communicated well to the attending, or he didn't pay it enough attention.
I don't know enough ortho to know how good an outcome could have been expected from that type of accident. So maybe there wasn't a significant delay. But it takes a few days to get to know your residents and attendings, to understand how strong their knowledge base is, and their type of communication. When the team is different every day, teamwork and communication suffer.
Totally agree all the handoffs around the holidays could have influenced this. Especially challenging in an academic center with new learners and a skeleton staff that you don't know well.
This was an interesting read because it's one of the few cases that made it to trial (but I suppose I can see why given the plaintiff's weak case and ridiculous ask).
Have to say, your second analysis point was my first thought. I'm sure the plaintiff's expert is a qualified and well-regarded orthopedic surgeon, but his opinion's preamble makes him sound like a pompous blowhard (sorry to borrow your word, but "pompous" was literally my first thought). I wonder if that attitude came out at trial and alienated the jury from any strained argument the plaintiff might otherwise have.
Yeah one of the things I've learned from writing up all these cases is that its very rare for them to actually make it to trial. Totally agree the guy is pompous. The law firm should have asked him to tone it down a bit.
It seemed to me that part of the problem was too many handoffs during the holidays. Either the pain wasn't communicated well to the attending, or he didn't pay it enough attention.
I don't know enough ortho to know how good an outcome could have been expected from that type of accident. So maybe there wasn't a significant delay. But it takes a few days to get to know your residents and attendings, to understand how strong their knowledge base is, and their type of communication. When the team is different every day, teamwork and communication suffer.
Totally agree all the handoffs around the holidays could have influenced this. Especially challenging in an academic center with new learners and a skeleton staff that you don't know well.
Imo, A lower ‘ask’ / less obnoxious expert and this case probably settles , for lower figure…