When Justin Blitz was asked by a former law school classmate, and fellow attorney, to handle her medical malpractice case, everyone knew from the outset it was going to be an uphill battle. The potential defendant a well-known physician. Also, it was going to be difficult to prove that he committed medical malpractice. This is because the potential malpractice occurred while performing a non-emergent cosmetic procedure on our client.
Blitz investigated the case thoroughly. Despite many hurdles, Justin proceeded with the case. The case was vigorously litigated against the physician and his large team of attorneys. This is not uncommon in order to obtain a settlement for cosmetic medical malpractice.
The litigation included a marathon, multiple-day deposition of the defendant doctor. During the deposition of the defendant, Mr. Blitz relentlessly questioned the defendant physician. Ultimately, Mr. Blitz was able to get the physician to admit, under oath, that his negligence caused our client’s injury, and she was a victim of cosmetic medical malpractice.
Shortly after the deposition concluded the pandemic began. Despite the pandemic bringing many cases grinding to a halt, the parties agreed to hold a virtual mediation in an attempt to resolve the case and discuss a settlement.
After a full day of intense negotiations during the virtual mediation in an attempt to come to a settlement, Mr. Blitz and the attorneys and insurance company for the defendant physician were able to come to terms and settle the case for a significant amount. Although the terms of the settlement for cosmetic medical malpractice cannot be disclosed due to a confidentiality agreement, it is fair to say that our client was extremely pleased with the result.