Medical Malpractice

Mr. Bushman successfully pursues mid-range medical malpractice litigation against doctors, hospitals and other providers where their treatment has caused personal injuries to the client and where the litigation may require only one expert witness. Mr. Bushman will obtain an expert witness in the area of medicine malpracticed and have the facts of the case reviewed and provide findings to support the malpractice claim to present to the occupational licensing board of the state which reviews all medical malpractice cases prior to the filing of a civil complaint.

Two cases illustrative of the firm’s pursuit of medical malpractice cases includes one where the client received rotor cuff surgery and spent the night in the hospital to obtain a morphine drip to reduce the pain of the incisions used to complete the procedure. The nurse at the hospital where the client was staying inadequately hook up the morphine drip to the intravenous solution leading to the client’s arm and the morphine fell on the floor the entire night. Needless to say the client was in excruciating pain for the entire night and only in the morning did the attendant discover the error. Damages were recovered for client for the negligence of the provider.

A second case involved a doctor and hospital biopsy of the client’s prostate to determine if cancer was present in the client and by way of error and unsterile instruments an ecoli bacteria was introduced into the client’s blood stream ultimately causing a permanent infection of sepsis which causes many permanent impairments in the body and is life threatening. Case pending.

Attorney Malpractice

This counsel provides the not too common service of recourse against attorneys that have committed legal malpractice that has caused actual damages to the client. Examples of malpractice cases this firm has pursued are as follows:

Clients sued attorney for failing to file their Chapter 13 bankruptcy intended to avoid foreclosure on their residence ultimately causing the loss of their home. Councel co-ordinated a successful bar complaint with the Utah State Bar. Defendant attorney settled by stipulating to payment for damages covering the loss of equity of the clients' home and additional damages.

Client sued attorney for charging payments for what had been agreed to be a contingent fee representation and then not timely filing the action retained to be prosecuted causing the loss of the client's case. Counsel co-ordinated a successful bar complaint with the Utah State Bar. Judgment was entered against the attorney and payment was received by the client.

Clients sued former attorney for representing them along with other co-litigants while a conflict of interest existed in the representation and then charging all fees for services rendered to the clients. Clients counterclaimed for malpractice and ultimately settled the fee dispute by paying a discount of their own fees incurred and obtaining a recovery as well from their malpractice claim.