Deposition of Orthopedic Surgeon Expert for Defense in Medical Malpractice Case

This is the deposition of Dr. Leslie Matthews. Dr. Matthews is an orthopedic surgeon who testified as an expert witness for one of the defendants in a medical malpractice case involving emergency room malpractice.
Our client was a middle-aged man who went the ER after injuring his knee and leg. Doctors at the ER (including the deponent in this video) took some x-rays and sent him home with a knee sprain diagnosis. 2 days later they end up having to amputate his leg because the ER doctors during his initial visit failed to discover damage to his popliteal artery.
We brought a medical malpractice action against the doctors in Baltimore City. The case went to trial and the jury awarded our client $5.2 million.
This is the defense doctor. sure. We disagreed with his opinions in this case. But there is no question that Dr. Matthews is a great orthopedic surgeon and he is an excellent and well-prepared expert.

Пікірлер: 273

  • @moochythecat3435
    @moochythecat34352 жыл бұрын

    Good morning, doctor... OBJECTION!! Thank you for coming in today... OBJECTION!! Would you like a cup of coffee or a bottle of water... OBJECTION!!

  • @thanksforbeingausefulidiot9016

    @thanksforbeingausefulidiot9016

    Ай бұрын

    Every objection was justified. The plaintiff's lawyer is totally incompetent.

  • @1chooOne

    @1chooOne

    16 күн бұрын

    It’s irritating and disrespectful It reflects the attorneys are worried very much of their exposure

  • @SkinnyCow.
    @SkinnyCow.3 жыл бұрын

    So the summary is, a guy hurt his knee at work. He goes to the ER. The ER checks the leg, says nothing major in wrong, rest, keep the pressure off the leg and should be OK. However, a couple of days later things go wrong as an artery in the leg that has been bleeding results in dying of the lower leg. Net result is the lower leg couldn't be saved and had to be cut off. Now, should the ER doctors done further tests to rule out artery damage when the guy first went to the ER? That's what the plaintiff says and if they had done the MRI/Ultrasound the ruptured artery they say was present from the beginning would have been picked up and the leg saved. The Defense says there was no indication of a ruptured artery in the ER and no need for further tests. The Defense then says the ruptured artery must have happened some time after the guy was in the ER, probably trying to move/walk on his leg against doctor's advice. This is pretty much the overview of this case.

  • @myhumbleopinion3067

    @myhumbleopinion3067

    3 жыл бұрын

    I think they should have done more, to find out what the problem was.

  • @tren380

    @tren380

    3 жыл бұрын

    @@myhumbleopinion3067 Hindsight is always 20/20.

  • @joannefolan3926

    @joannefolan3926

    3 жыл бұрын

    Great comment, I agree 100%

  • @PBMS123

    @PBMS123

    3 жыл бұрын

    @@myhumbleopinion3067 in Hindsight. Multiple doctors and nurses could palpate a pulse distally from the knee all the way to foot. That means that bloodflow was still occuring to the lower leg. Hindsight is 20/20 and knowing that was the case now, is not reason to believe more should have been done. It was a hurt knee, happens all the time and people don't have bleeds and lose their legs. Without any deformities present, extreme pain, or evidence to suggest a more seirous injury, ERs do not have the luxury of time to conduct every test and rule out EXTREMELY rare issues resulting from a knee injury. It's far more likely that rupture of the ACL/MCL would occur, than an artery.

  • @coolrunnings3

    @coolrunnings3

    3 жыл бұрын

    Thank you.

  • @chingatumadre2923
    @chingatumadre29233 жыл бұрын

    Something about this attorney asking the same question 10 different ways makes one want to slap him.

  • @loisfolk5492

    @loisfolk5492

    3 жыл бұрын

    Yeah big time.

  • @muimasmacho

    @muimasmacho

    2 жыл бұрын

    He did that because the doctor refused to answer the question as asked... ten different ways. He should have slapped opposing counsel as he zeroed in on the target. And for the record, *NO,* i am neither racist, nor misogynist. In fact, i ain't got no PhD.s in nothin. 😶

  • @chingatumadre2923

    @chingatumadre2923

    2 жыл бұрын

    @@muimasmacho The doctor answered the question the best he could, but he didn't say what the opposing counsel wanted to hear.

  • @yamahabiker1937

    @yamahabiker1937

    2 жыл бұрын

    Ya. Pretty sleezy in the vast majority of the depositions.

  • @Liverpoolboy01

    @Liverpoolboy01

    2 жыл бұрын

    That’s what it’s about , asking questions! Duh!

  • @lemmon-up4er
    @lemmon-up4er2 жыл бұрын

    Man attorneys milked this case& they knew nada about patient care and advanced nothing but greed.

  • @valiakloeppel7252

    @valiakloeppel7252

    2 жыл бұрын

    Mans attorney was phenomenal! He researched and looks more professional than those he’s asking. He creamed them!!’ Guy lost his leg due to malpractice and that’s milking? Seems like guy had to see 4 people before the doctor. That’s milking the system and down right stupid as all 4 say it’s up to the dr.

  • @wilson2455
    @wilson24552 жыл бұрын

    There's a saying that sums up a lot of these cases, " if you hear hooves coming towards you, do you expect to see zebras ? "..

  • @valiakloeppel7252

    @valiakloeppel7252

    2 жыл бұрын

    Ahhhh! Zebras, horses, ponies, goats etc.

  • @aphysique

    @aphysique

    3 ай бұрын

    ​@@valiakloeppel7252explain

  • @bartkay1ify
    @bartkay1ify4 жыл бұрын

    I like depositions a lot and I feel the website is beneficial on KZread enough to justify the Firms efforts. In my case of Cervical surgery, I go round and round about what a MR Imaging reports means. My surgeons always say their mostly meaningless and then the Dicom Imaging is a picture of art and how Surgeons see it. I have my own Imaging software and I am learning how the cover-up of an Iatrogenic injury with me works. And I learned the Radiologist will adjust the findings for the MD. *Bart Kay*

  • @vickimanager

    @vickimanager

    2 жыл бұрын

    I'm sorry for your injury.

  • @bartkay1ify

    @bartkay1ify

    2 жыл бұрын

    @@vickimanager Thanks

  • @BearMeat4Dinner
    @BearMeat4Dinner2 жыл бұрын

    I used to work at Weil. This deposition reminds me of them being called in as an expert witness.

  • @Ailenna
    @Ailenna2 жыл бұрын

    Wow. Wow, what a great expert. He is bright, experienced, articulate, and to the point. Even his lawyers can't keep up with his finesse. If I ever need an Orthopedic, you would be my first choice 😀.

  • @just.jaimie.

    @just.jaimie.

    2 жыл бұрын

    Mine too and I’m in MD 😁 If I fall in a hole or if a door falls on me, I’ll just skip the ER and make an appointment with him. That is if my foot isn’t colder then the other foot and my knee is in place and my knee isn’t just sort of having by one ligament. Then I’d swing by the ER for some pain meds and then ask them to call him to take a look or make my appointment 🤗 and most of the reason is that he could do a direct admit to an appropriate hospital where he has privileges and he could then manage my care and have other types of doctors weigh in in any way that’s helpful and appropriate if that was needed.

  • @zebra3962

    @zebra3962

    Жыл бұрын

    Delusional comment..by a delusional person.. he is a doctor, so the fact he is smart is a given... However he is getting paid to say whatever is favorable to his client... Clearly the victim lost his leg die to negligence..if this doctor is saying there was no way to figure out a correct diagnosis in this case,. Then we must reevaluate how those tests are done. Period..

  • @firstlast3821
    @firstlast38213 жыл бұрын

    Dr has a Robert Downey Jr. voice big time.

  • @FGuilt

    @FGuilt

    2 жыл бұрын

    Iron man dr suit.

  • @drhmufti

    @drhmufti

    2 жыл бұрын

    And I am iron man

  • @Henry-yf2np

    @Henry-yf2np

    Жыл бұрын

    He sounds exactly like him. 😂😂😂

  • @valken7777777

    @valken7777777

    3 ай бұрын

    They both must be from Cali

  • @4EyedFox
    @4EyedFox3 жыл бұрын

    I see the jury award the plaintiff over 5 million dollars but of all the depositions I have seen related to this case, I don’t see any evidence that would have made me believe there was a vascular injury in the knee if I was examining the patient in the ED. These kinds of cases lead to everyone getting vascular studies and MRIs wether indicated or not just to cover your ass. This results in dramatic increase in the expense of medical care and wait times in the ER.

  • @LatinMaximus

    @LatinMaximus

    3 жыл бұрын

    I heard they settled for $1.2...i will try to get the documents/website.

  • @JDAbelRN

    @JDAbelRN

    3 жыл бұрын

    @@LatinMaximus please post this, curious how this works.

  • @yamahabiker1937

    @yamahabiker1937

    2 жыл бұрын

    Plaintiff counsel somehow got the jury to feel sorry. Sorry he lost his leg, but I also can’t say that nor anything shown to tell me that there was no fault on the part of their client. Can’t definitively show the plaintiff followed all directions/instructions since he was noted as ambulatory/weight bearing on the 5th.

  • @valiakloeppel7252

    @valiakloeppel7252

    2 жыл бұрын

    So someone’s losing their leg is deemed too costly for triage to actually having knowledge.

  • @michie43able

    @michie43able

    2 жыл бұрын

    @@valiakloeppel7252 Knowledge of what??

  • @johnchaulk
    @johnchaulk Жыл бұрын

    Was this deposition recorded on VHS. I see that it was recorded in 2014, but it looks so murky. Great video by the way, just inquiring on the quality.

  • @michie43able
    @michie43able2 жыл бұрын

    That lawyer is nitpicking. Seems to know nothing about medical care, IMHO

  • @flappy7373

    @flappy7373

    2 жыл бұрын

    yeah that's pretty much what a deposition is all about.. nitpicking as much as you can about something you know very little about might actually be in the dictionary under deposition, probably. maybe. not sure.

  • @AshkanKord
    @AshkanKord2 жыл бұрын

    Excellent doctor.

  • @Missglam67
    @Missglam672 жыл бұрын

    My primary care doctor does like to err on the side of caution and orders additional tests, even if she thinks it might be overkill! Better safe than sorry! For instance, my blood pressure sometimes runs a little low so she ordered a ekocardiogram. Turns out everything is fine but I am glad she did the test! She had ordered other kinds of test as well

  • @thanksforbeingausefulidiot9016

    @thanksforbeingausefulidiot9016

    Жыл бұрын

    Yet another reason why our healthcare costs are so high. The ordering of likely unnecessary tests to keep the Miller & Zois's of the world out of their lives.

  • @4EyedFox

    @4EyedFox

    Жыл бұрын

    Im glad you are happy with them. Just realize that ordering lots of extra non-indicated tests is part of the reason healthcare is so expensive in the USA.

  • @kathismith7441
    @kathismith74413 жыл бұрын

    Boy these two women attorneys are so worried about losing they’re becoming obnoxious.

  • @cathydiane2558

    @cathydiane2558

    3 жыл бұрын

    “Women attorneys”?

  • @cathydiane2558

    @cathydiane2558

    3 жыл бұрын

    @@heemlo649 you can just say “attorneys.”

  • @bobbyc2768

    @bobbyc2768

    3 жыл бұрын

    @@cathydiane2558 then it wouldn't be clear which attorney he was talking about. just because he clarified which attorney he was speaking of by specifying it was a woman doesn't mean he was being offensive...do you just search the internet for things to be offended by?

  • @cathydiane2558

    @cathydiane2558

    3 жыл бұрын

    @@bobbyc2768 honestly you sound like your head explodes whenever people even mention the word “feminist.” I seriously doubt he would have said “male attorneys” if the roles were reversed. People never do

  • @bobbyc2768

    @bobbyc2768

    3 жыл бұрын

    @@cathydiane2558 just the opposite, you sound like your head explodes when someone refers to someone as woman to specify who they're talking about. it's nothing to get offended by. if the male attorney was being a dick and there was a male and female it would be quite fine to say the male attorney is being a dick. but since the female was the one being bitchy it was pointed out as so.

  • @michie43able
    @michie43able2 жыл бұрын

    This is a case of Monday Morning quarterbacking. No evidence in ER of artery bleeding. Saw all the depositions on this case. No way unless they did expensive testing like MRI or vascular studies to find this.

  • @NrsLisa

    @NrsLisa

    2 жыл бұрын

    But there was evidence of a dysfunctional gate… you’d think they’d sue the company he worked for and not the ER. Stupid!

  • @adamseidel8901
    @adamseidel89012 жыл бұрын

    I envision the plaintiff attorney has a cream colored suit and a platinum wrist watch and the Home Screen on his iPhone is of his Porsche sitting in front of his mansion.

  • @YouWillNeverFillMyShoes
    @YouWillNeverFillMyShoes2 жыл бұрын

    On 1.5 speed … perfect 👍🏻

  • @butcherwoman3753
    @butcherwoman37533 жыл бұрын

    So did the plaintiff remove his brace after the visit to the ER or not? It would be nice to hear the plaintiff give testimony.

  • @lemmon-up4er

    @lemmon-up4er

    2 жыл бұрын

    Sure he did.

  • @GoodnightJLH

    @GoodnightJLH

    2 жыл бұрын

    Yes. This is a deceptive video series. Because this attorney is asking stupid meaningless questions in an attempt to create dislike for this physician. What we need to know is exactly what instructions for knee care, activity and followup were given. And we need to know if the patient followed those instructions.

  • @just.jaimie.
    @just.jaimie.2 жыл бұрын

    What information can be attained by the finding of pain in the knee? That he has an ouchie. Omg with this lawyer 😂

  • @louisianalady7105
    @louisianalady71052 жыл бұрын

    Dec. 4, 2009 was a Friday night. Did the plaintiff take off the brace and go out with the boys, thus further injuring his popliteal artery and ligaments to his left knee. Hmmmmm...

  • @thanksforbeingausefulidiot9016
    @thanksforbeingausefulidiot90162 ай бұрын

    If attorneys with this level of incompetence can earn 50% of a $5M award, we really do need tort reform.

  • @rickybobby8563
    @rickybobby85633 жыл бұрын

    I don't think you have a case if all of your questions are hypothetical.. but a well-put-together computer-generated animation can really go a long way and explaining what really happened! Lol

  • @lemmon-up4er

    @lemmon-up4er

    2 жыл бұрын

    No

  • @beakt
    @beakt4 жыл бұрын

    Cool. When are you going to post the deposition of Nurse Stelle?

  • @beakt

    @beakt

    3 жыл бұрын

    @Kelli Fustos Ah, yes! I saw it. Forgot I even posted this comment! Heh.

  • @kathismith7441
    @kathismith74413 жыл бұрын

    Numbness and lack of rom should give you an indication that an expert may need to be consulted.

  • @goose7574

    @goose7574

    3 жыл бұрын

    It seems like it was only noticed and discussed in the very beginning but the Triage Nurse, and then they dropped the ball after that, especially the Doctor. Her Deposition showed A LOT about her Demeanor... What makes it even more concerning, is that the patient saw so many Medical workers, and only the first one noticed that: Triage Nurse Nurse 1 Nurse 2 Physician's Assistant Doctor

  • @patsyadams734

    @patsyadams734

    2 жыл бұрын

    Paramedics immobilized the knee with a splint which prevented range of motion to be assessed initially. At some point the splint was removed but it was not documented when and by whom.

  • @LatinMaximus
    @LatinMaximus3 жыл бұрын

    The defense attorney presents the possibility of his client working at a Federal facility where his client could have been injured by a protective ramp that sprung up and hit his client. I have not watched all the depos, or seen all the evidence yet. All federal facilities have cameras, especially around accessible points of entry/departures. Why is a video NOT available showing what happened to his client?

  • @lemmon-up4er

    @lemmon-up4er

    2 жыл бұрын

    Cuz it dodnt

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    Because personal responsibility is a foreign concept

  • @Common_sense_commentary

    @Common_sense_commentary

    2 жыл бұрын

    What happened initially isn’t the issue. It was what happened AFTER the incident and during that visit to the ER.

  • @ILruffian

    @ILruffian

    2 жыл бұрын

    BOP couldn't keep the cameras working in Jeffrey Epstein's cell. It's certainly reasonable that they did not have them working in this facility. Hanlon's Razor: do not be quick to attribute to malice that which can be adequately explained by stupidity.

  • @zebra3962

    @zebra3962

    Жыл бұрын

    Because that would traumatize people such as yourself

  • @carmenacevedo9273
    @carmenacevedo92733 жыл бұрын

    The disparity between calling the ER physician "mam" and this surgeon "Dr" is disturbing.

  • @chingatumadre2923

    @chingatumadre2923

    3 жыл бұрын

    Yeah, "ma'am" is certainly more respectful and deferential. "Doctor" just makes one sound like mindless functionary, another cog in the machine.

  • @GoodnightJLH

    @GoodnightJLH

    2 жыл бұрын

    I agree. This is an ongoing issue with female physicians receiving less respect than male physicians. This attorney made a blatant error by doing this.

  • @MsMazzy100

    @MsMazzy100

    2 жыл бұрын

    I noted they did not require the me doctor to disclose his private address but required the other female doctor and nurses to disclose theirs.

  • @MsMazzy100

    @MsMazzy100

    2 жыл бұрын

    *male

  • @shebboleth

    @shebboleth

    2 жыл бұрын

    THIS is your takeaway? Life will not bode well for you, I'm afraid.

  • @valken7777777
    @valken77777773 ай бұрын

    Lawyers involved in medical malpractice cases should be required to have additional medical education to be involved in such cases. It would reduce deposition bull that’s not relevant

  • @threenorth8416
    @threenorth84162 жыл бұрын

    To be fair they checked his pulses and the leg was warm to touch and his nerves were intact! .. But lesson learnt is you are better over referring to orthopaedics and pissing them off than ending up in this scenario. AND RECORD EVERYTHING!

  • @maybegoth

    @maybegoth

    2 жыл бұрын

    didnt one of the depositions on this case say his leg was numb and cold to the touch when he came to the ER? it may have been in the ER doctor one

  • @tristamalcome5477

    @tristamalcome5477

    2 жыл бұрын

    @@maybegoth his wife also touched his foot to pray on it and said it was cold. The man then said that he couldn't feel it.

  • @mcharle01
    @mcharle01 Жыл бұрын

    This deposition was GOOD 👍🏾

  • @maryloumader-pipia9698
    @maryloumader-pipia96984 жыл бұрын

    250,000 people die each year to medical error, these people need to be accountable

  • @beastshawnee

    @beastshawnee

    3 жыл бұрын

    Marylou Mäder what do you do tho? Either not go to the doctor or just accept that our system sucks-nurses and doctors are overworked, stressed and sleepy. They are understaffed for the growing population numbers, and for the elderly who cling to life as long as possible nowadays. (cant blame em.) And some doctors are greedy also-taking on more and more patients while providing less and less care. And I mean greedy and heartless for some. The worst people I knew in school wanted to be doctors just for the big money. LOL.

  • @gorgig9136

    @gorgig9136

    2 жыл бұрын

    The Doctors are protected by legal system in three layers.Over 95% cases never enter the courts, most of cases which went in court are denied.

  • @41357500
    @413575002 жыл бұрын

    such a tragedy.......what was the final settlement?

  • @VipanKumar-dq3hu
    @VipanKumar-dq3hu4 жыл бұрын

    I’m shitting bricks on behalf of this dude

  • @ericsbuds
    @ericsbuds3 жыл бұрын

    there must be a better way to do all the paperwork than that! what is an ambalance?

  • @kathismith7441

    @kathismith7441

    3 жыл бұрын

    Amblance??? Lol.

  • @goose7574

    @goose7574

    3 жыл бұрын

    *Ashen one* An ambulance is a vehicle used to transport a patient in an emergency. If somebody calls for help and they need medical assistance, an ambulance 🚑 is what is used. Same with transferring a patient from one hospital you another. Hope that helps. I'm guessing you don't live in the U.S.

  • @goose7574

    @goose7574

    3 жыл бұрын

    @@kathismith7441 Guess you forgot that people from _ALL OVER THE WORLD_ watch KZread??? LOL!

  • @josephschmidt3626

    @josephschmidt3626

    2 жыл бұрын

    @@goose7574 I think Ashen One was making a joke about the attorney’s pronunciation of the word “ambulance”. He pronounced it “am-blans” which is different than how most Americans would say that word (“am-byuh-luhns”).

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@josephschmidt3626 Yes. Regional dialect.

  • @msalahuddin1672
    @msalahuddin1672 Жыл бұрын

    Good Doctor

  • @1chooOne
    @1chooOne16 күн бұрын

    You could hear the deep sighs of the female lawyers😂seriously frustrated and worried at how the questions are rephrased to extract answers from the witness. Great detail of questioning. The frequent objections did nothing but detract the attention of the witnesses in this case. Maybe if the lawyers who kept objecting listened more intentionally then anticipating when to say objection, maybe they would have represented their clients better. Great witness this orthopedic Dr.

  • @jaygee1616
    @jaygee1616 Жыл бұрын

    Dr David Shank….lol what a name

  • @shebboleth
    @shebboleth2 жыл бұрын

    A simpole and cost effective US Doppler study may have been indicated here to CYA IF there was any question of vascular compromise...EVIDENTLY there WAS NOT! It seems to me that "something" lgically MUST have occurred AFTER his ED discharge!

  • @mw3950
    @mw39502 жыл бұрын

    First thing I ask is what happened

  • @muimasmacho
    @muimasmacho2 жыл бұрын

    *Atty :* _"At St Agnes, mechanism of injury is racist... whether it's a knee sprain, a severed head, or rattle snake bite."_ _"Isn't that right, Doctor 'i have no opinion'?"_

  • @1chooOne
    @1chooOne16 күн бұрын

    You could hear the deep sighs of the female lawyers😂seriously frustrated and worried at how the questions are rephrased to extract answers from the witness. Great detail of questioning. The frequent objections did nothing but detract the attention of the witnesses in this case. Maybe if the lawyers who kept objecting listened more intentionally then anticipating when to say objection, maybe they would have represented their clients better. Great witness this Dr.

  • @ninasage6073
    @ninasage60732 жыл бұрын

    He has to show how smart he is so he answers even when she objects.

  • @yamahabiker1937

    @yamahabiker1937

    2 жыл бұрын

    He has to still answer unless directed not to by counsel. No judge is present to hear argument and will determine what is admissible at a later time. Unfortunately how depositions go.

  • @joelwilman8712

    @joelwilman8712

    2 жыл бұрын

    He is very smart, very educated, very eloquent. He is the Chairman of the Orthopedic Surgery Department at that teaching hospital as well as the Orthopedic Residency Program Director. This doctors knowledge of orthopedic surgery is on the cutting edge due to his teaching responsibilities. His attorneys object in order to protect the record for later appeal points or admissibility of deposition evidence.

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    The other commenters are correct. The witness has to answer the question regardless of the objections. The objections are sorted out if we use the answers at trial.

  • @joelwilman8712

    @joelwilman8712

    2 жыл бұрын

    @@Millerandzois you are a very intelligent and skillful attorney. I enjoy watching your depositions. I have a daughter who just graduated from law school. We groomed her from a young age to become interested in medicine. She took all her medical school entrance requirements, took the MCAT and did well. During her last year of undergrad and all through her Masters degree in healthcare administration she worked for an attorney specializing in HIPAA law. So, after all her preparation to become a doctor, she informs us that she was very interested in pursuing a law degree. “Joining the dark side!” JK! We are very happy that she found her true passion even though I have suggested to her that she still could go to medical school.

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@joelwilman8712 ... how can I say this? Tell her to go to medical school!

  • @nunosoares2329
    @nunosoares23293 жыл бұрын

    Was the place where Mr. Tolson was injured at also sued in addition to the hospital for his injury?

  • @Millerandzois

    @Millerandzois

    3 жыл бұрын

    This was a workplace injury, so Mr. Tolson would only be entitled to a workers compensation claim for that.

  • @carolyngray7244

    @carolyngray7244

    3 жыл бұрын

    @@Millerandzois How much of that 5.2 M does the lawyers get?

  • @LatinMaximus

    @LatinMaximus

    3 жыл бұрын

    Mr. Tolson reportedly (as told by the defense attorney) worked a federal facility where he might have been injured by a mechanical ramp. All federal facilities have cameras. Whey was a video not obtained?

  • @nunosoares2329

    @nunosoares2329

    3 жыл бұрын

    @@Millerandzois Thanks

  • @couponlangley14
    @couponlangley142 жыл бұрын

    As a person who has dislocation extremely regular (most times daily) also 12 knee knee / tiba l surgeries and just received a knee replacement last January I will say that , if you looked at my knee after a dislocation that has went back on it's own or I've manually had to do it myself I don't present with many if none of your classical symptoms. If a doctor,nurse, emt looked at my knee it is absolutely almost impossible besides pain ...

  • @jeremysanders9336
    @jeremysanders93362 жыл бұрын

    Miller always gets laughed or scoffed at with his inane line of questioning in almost every video. What a horrible lawyer

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    Hardly. And that is not Miller.

  • @Jesus_H._Christ6598
    @Jesus_H._Christ65983 жыл бұрын

    Yeah folks, my wife is an ambulance chaser too, sorry personal injury lawyer. Me, I'm a union journeyman welder. My wife's friends, and my wife herself to a small extent, kinda look down on far less educated people like me. So I watched some of her deposition tapes and I think that I can do a little lawyering myself. We had an argument and I shocked and made her laugh. It went something like this: My wife: Where were you last night? Me: Object to form, that question is argumentative, speculative and lacks foundation. I advise myself not to answer. My wife: I advise you to reconsider and answer the question! Me: I have reconsidered. The answer is still, no.

  • @beastshawnee
    @beastshawnee3 жыл бұрын

    If this was a workplace injury...surely he knew not to walk over the gate...I really am sorry for his terrible life changing injury. I think the nurses did their job correctly. The doctor did a horrible job explaining her side of things. She seemed to be having trouble from stress or lack of sleep or menopause or something. She is not stupid-people do not become doctors if not at least very book smart, often they are very smart people but that doesn’t mean they are good at being deposed -especially about a short encounter 3 years ago when they are overworked anyway. I think she lost only because of this. Accidents happen. Sometimes doctors and nurses miss things. Quite often actually. Shit happens is what this boils down to. I fell and broke my kneecap-no insurance-so I am just gonna try n deal with it. I can walk with no limp. Hope I no longer need to crawl on my knees. 5-6 weeks later it is not so painful but clearly never gonna look the same and it’s loose rather than attached.

  • @loisfolk5492

    @loisfolk5492

    3 жыл бұрын

    Nobody brought up what the discharge orders Were. It’s been my experience with the discharge orders that they would say any tingling Sensation numbing or coldness in the foot Return to the ER immediately and the facility should of had an out reach nurse call the patient the next day and ask how’s it going, how are you feeling.

  • @dana102083

    @dana102083

    2 жыл бұрын

    @@loisfolk5492 follow up?? Woow..wheres patient responsibility?

  • @klaj6595
    @klaj65952 жыл бұрын

    It’s telling we are only shown defendant depositions

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    Krysten, we do not videotape our own experts' depositions. No one does that because you control if you bring them to trial.

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    @@Millerandzois what about the plaintiff?

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@klaj6595 The same. It is our own client. You videotape depositions most to show the jury during cross-examination or in opening statements. There would be no purpose in videotaping the deposition of your own client.

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    @@Millerandzois well, except to satisfy the curiosity of complete strangers online 😉 hahah. Fair enough, I see your point. Thank you for taking the time to respond to me!

  • @zebra3962
    @zebra3962 Жыл бұрын

    She object to everything.. except that her client screwed up and cut corners

  • @kathismith7441
    @kathismith74413 жыл бұрын

    2 days later?? Blaming the patient? Ugh.

  • @JDAbelRN

    @JDAbelRN

    3 жыл бұрын

    Since there seems to be many different versions of how Tolson was initially injured, per the patient, can one not be suspicious of patient's record of how he cared for his injury for the TWO DAYS after discharge from the ER? See Dr. Testimony at 1:07:30.

  • @GoodnightJLH

    @GoodnightJLH

    2 жыл бұрын

    Asserting that the vascular injury occurred AFTER the initial ER visit isn’t blaming the patient. But I really can’t comment either way. The attorney in this case has chosen NOT to allow us to see testimony and cross from the actual plaintiff. But, this doctor committed the cardinal sin of poor documentation in the chart so she is the one mostly being blamed. I have a feeling that there was a lot of wishful thinking involved in recall of events for both plaintiff and defendant testimonies. I haven’t had time to watch all of the depositions. I have a feeling that if I was given the chance to thoroughly review all the medical records, I would likely be able to get a good understanding of what actually happened. I don’t blame anyone based on this testimony or based on the other depositions I’ve seen from this case. All I know is that this attorney spends hours asking the same stupid meaningless questions over and over instead of getting to the pertinent facts of this case. I feel sorry for the jurors. That must have been tedious.

  • @zebra3962
    @zebra3962 Жыл бұрын

    This doctor will say anything to protect his client and his paycheck

  • @sunnyperdesi
    @sunnyperdesi2 жыл бұрын

    He speak what ever defense 💰 Dollars paid him. He should be ashamed himself.

  • @valiakloeppel7252
    @valiakloeppel72522 жыл бұрын

    Ok. So the ambulance report is not reliant because unreliable. Yet removing splint by supposed unreliable ambulance corps to really evaluate diagnosis by reliable physicians asst is not necessary.

  • @zebra3962
    @zebra3962 Жыл бұрын

    Basically we did not wrong... but the man lost his leg 🦵 because we neglected to noticed lack of blood flow to his 🦵

  • @NrsLisa
    @NrsLisa2 жыл бұрын

    It kinda annoys me IMO this attorney treats this Dr. with respect and fair questions unlike the tricky questions he gave the female nurses/ PA/MD

  • @tammieanderson3045
    @tammieanderson30452 жыл бұрын

    What level ER is this?

  • @dana102083

    @dana102083

    2 жыл бұрын

    I hear er nurse say there were 4 levels inside ER if that helps. Im canadian so i dont know the USA details. :)

  • @tammieanderson3045

    @tammieanderson3045

    2 жыл бұрын

    @@dana102083 ER level is given for the type of care they give. In the US there are 5 levels. Level 1 - the hospital has every available specialty in hospital 24/7. What this means is a Dr from each specialist is on hospital property. So, if this was a level 1 ER then orthopedic should have been notified to assess pt. Level 2- similar to level 1 but may not have special specialized care or share with another hospital like pediatric surgeon in house 24/7 or Neurosurgeon in house. This means the specialist is not more than a hour away. Level 3- takes care of the emergency and transports to higher level. Level 4-5 are like walk in clinics. But each state has slightly different rules and regulations.

  • @Henry-yf2np

    @Henry-yf2np

    Жыл бұрын

    @@tammieanderson3045 if you know, then why did you ask?

  • @tammieanderson3045

    @tammieanderson3045

    Жыл бұрын

    I know the levels of ER’s but I don’t know what level the ER the depo is about. But, thank you for your insightful comment.

  • @Liverpoolboy01
    @Liverpoolboy012 жыл бұрын

    Hippocratic goes out of the window, when it comes to money!

  • @frankchris07
    @frankchris07 Жыл бұрын

    His voice sounds like Kelly Brackett Emergency 51 tv series. This case sounds like he is reaching to blame medical staff, but I think it has been debunked by multiple Dr's now.

  • @PBMS123
    @PBMS1233 жыл бұрын

    Why can't the questioning lawyer pronounce key words correctly? All the videos I've watched, he constantly mispronounces "Literature" as "Liticha" as opposed to "Lit-er-a-ture" or "Lit-ra-ture" and in this video can't say "Ambulance" Instead opting for "Amber-lance" instead of "Am-bue-l`nce"

  • @Millerandzois

    @Millerandzois

    3 жыл бұрын

    Baltimore

  • @bushwatcher1673

    @bushwatcher1673

    2 жыл бұрын

    Yeah that's not an excuse! You're taught in public speaking to throughly pronounce each word fully. It's taught its lazy to not pronounce each word properly, at that point your speaking in slang.

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@candyorange266 That is one way of saying it. People in depositions, in our humble opinion, should talk like they do in every other aspect of their lives. If that is called speaking in slang, I would say speak that way.

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@candyorange266 I said wooder instead of water with no self-awareness until college.

  • @cerbico12
    @cerbico12 Жыл бұрын

    I hope no one is ever sued. I have been and it was one the worst experiences I have had. I do not know how these people live with themselves. The plaintiff attorney eviscerated me as a person and talked legal gibberish. It is not normal English. I was advised to settle as I was told I came off like an Ahole and the jury and judge would not like me as I was not dapper like OJ or hot like Casey Anthony. It was like I was talking to a slime ball. I and my company did nothing wrong. Yet this plaintiff attorney danced and pranced and huffed and puffed. If someone told me they made their living as an attorney I would be like the baseball legion Ty Cobb a left handed hitter. The story is that Cobb handed a beggar some cash. The beggar reached for the cash with his left hand and Cobb pulled back out of distain for southpaws. My distain for plaintiff attorneys is a million times more than Cobb had for southpaws.

  • @Millerandzois

    @Millerandzois

    Жыл бұрын

    That is a lot of passion! Thanks for the comment. Many have talked about how horrible it is to be sued. We are talking medical malpractice here. Johns Hopkins tells us that 250,000 people die every year because of medical malpractice. My sympathies lie more there than with someone getting sued for a loss covered by malpractice insurance. You say you hope no one is ever sued. I hope you want to see a lawsuit for every one of these people that was killed by medical malpractice.

  • @FreedomsNurse
    @FreedomsNurse3 жыл бұрын

    1:49:06 Unbelievable! Miller & Zois had "experts" who testified that some people can feel pulses on walls! HA! I'd love to see that deposition video! 😆 Hmmm... I wonder why they didn't release it? 🤔

  • @mellisvids

    @mellisvids

    3 жыл бұрын

    they seemed to only release the defendant videos. None with his client. So you can assume they didn't want to hurt and future appeals depending when this case went to trial or when it was settled some years ago. lol

  • @Millerandzois

    @Millerandzois

    2 жыл бұрын

    @@mellisvids Lawyers do not videotape their own experts' depositions unless the purpose of the deposition is that the witness will be unavailable for trial.

  • @carolannburke5450
    @carolannburke54502 жыл бұрын

    1st thing i would have thought of would be a crush injury. Just sayin'...

  • @valiakloeppel7252
    @valiakloeppel72522 жыл бұрын

    Dr( ha ha) saw no breach in quality of care yet patient lost his leg. Maybe patient should have been a family member

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    There was no breach. And if this had happened to MY family member I’d be heart broken but I wouldn’t turn my rage on healthcare professionals. People need to take personal responsibility for themselves. The guy left and didn’t follow instructions. Doctors aren’t future-telling magicians. You can’t blame doctors for a work accident that lead to an unknowable complication. People only hear about the bad news. You don’t hear about the thousands of people those doctors and nurses helped. The lives they’ve saved. How many FAMILY MEMBERS they’ve cured. More critical thinking needs to go into these matters

  • @NrsLisa

    @NrsLisa

    2 жыл бұрын

    Everyone followed SOC in my opinion. Should of sued the federal company that had dysfunctional gate & not hospital

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    @@NrsLisa I’m not sure what you mean? Dysfunctional gate?

  • @NrsLisa

    @NrsLisa

    2 жыл бұрын

    @@klaj6595 the attorney explained he worked at a federal building and one of buildings gates stopped working properly & the broken gate injured his leg. I was thinking why he didn’t sue his employer because it was the broken gate that actually hurt him. Just my thoughts 😊

  • @klaj6595

    @klaj6595

    2 жыл бұрын

    @@NrsLisa oh sorry! I didn’t connect your comment. I completely agree.

  • @tren380
    @tren3803 жыл бұрын

    AMBLANCE

  • @mimi2613
    @mimi26132 жыл бұрын

    Did this patient get referred to see an Orthopedic or just told he's ok and just rest?

  • @bushwatcher1673

    @bushwatcher1673

    2 жыл бұрын

    Referred to orthopedic specialist and his PCP.

  • @NrsLisa
    @NrsLisa2 жыл бұрын

    Why are they suing the hospital and not the company that owns the dysfunctional gate?!? Weird

  • @Krystaldoll282

    @Krystaldoll282

    2 жыл бұрын

    This statement makes me laugh! First they may be suing the company where the injury happened. Second this law suit isn’t about where the injury occurred and who is to blame for it occurring this law suit is about the medical care or lack of medical care he received! He ultimately had his leg amputated. So it’s a question did he receive adequate care at the ER??? Ugh 🤦🏻‍♀️ now we may disagree as to the answer to that question but it’s about what happened, if anything at the Er/hospital!!!!

  • @pikachu7118
    @pikachu71182 жыл бұрын

    This was malpractice, a man is now an amputee, his life has changed forever. No amount of money could ever pay a human being for having lost a limb, and totally overlooked by a few who should have known better. 😢😢😢😢

  • @lukez5117
    @lukez51172 жыл бұрын

    The plot says his last name is Thor, Mr. Thor 🔩

  • @seanbrendangarrette7644
    @seanbrendangarrette76444 жыл бұрын

    This attorney is over aggressive kkkkkkkkkkkk

  • @lovepigs1

    @lovepigs1

    3 жыл бұрын

    This attorney had had to listen to depositions from several moronic healthcare providers acting as if they are stupid. He's probably sick of it.

  • @JDAbelRN

    @JDAbelRN

    3 жыл бұрын

    @@lovepigs1 I disagree with this insulting comment and generalization of health care workers.

  • @loisfolk5492

    @loisfolk5492

    3 жыл бұрын

    The attorneys won the lawsuit because they confuse the heck out of everybody asking the questions differently over and over again

  • @bartkay1ify

    @bartkay1ify

    2 жыл бұрын

    @@JDAbelRN This is specific to several. *Bart*

  • @Krystaldoll282

    @Krystaldoll282

    2 жыл бұрын

    The attorney was good and was persistent as he should be. Many of times a lot of the witnesses did not want to answer the questions and tried their best not too. This doctor was pretty good to listen to but the others were a mess!!!!

  • @thanksforbeingausefulidiot9016
    @thanksforbeingausefulidiot90163 жыл бұрын

    What an amateurish performance by this attorney. He asks the doctor to opine on what he disagrees with regarding another doctor's written report. He comes unprepared with any specific questions, simply suggesting the doctor take 10 minutes to read the report and come back with an itemized listing of his disagreements. The defense attorney appropriately shut him down on such a ludicrous request.

  • @magnum2424kc
    @magnum2424kc3 жыл бұрын

    For good reason lol

  • @rilley1111
    @rilley11113 жыл бұрын

    Plaintiff attorney did a good job in discrediting the Orthopedic Expert especially opining on other medical specialties. He should have deferred opinions clearly out of his scope of expertise because I would have his opinions contradict their own defense experts especially his opinions on vascular issues and my own experts and the jury would more likely than not believe a vascular surgeon vs Ortho. Defense attorney was careful not to have him have notes on the review of pts records, but it appears he is not well prepared to discuss who the other healthcare providers were. He really did not opine on the basis of his general opinions on SOC and causation. Making objections without stating the ground is not a proper way. Thanks for posting.

  • @bartkay1ify

    @bartkay1ify

    3 жыл бұрын

    I listened to the Orthopedic Expert and then I googled the situation. Verdict 5.2 Million in my opinion is exactly correct. *Bart*

  • @GoodnightJLH

    @GoodnightJLH

    2 жыл бұрын

    @@bartkay1ify Honestly, you can’t say that based on Google and the opinion of an Ortho expert. A proper opinion must be based on review of all medical records and all testimony. The pertinent questions here are really: What instructions were given to the patient? He should have been told to leave the knee brace on at all times, not to bear weight on that leg and to call the Ortho doc first thing in the morning to get in right away. And he should have been given info to help him find an Ortho doc even if it is just the hospital’s physician referral number. The instructions need to be in writing because this patient got Dilaudid. Did the patient keep the knee brace on and did he refrain from ambulating for the 1-1/2 to 2 days he was home after the initial ER visit? And did he arrange for follow-up? Did the patient initially have a pedal pulse plus normal motor and sensory function of the area distal to the injury? If at least 4 healthcare providers are lying about a pedal pulse, that is appalling but also unlikely. It’s really more likely that the arterial injury occurred after the ER visit and that is certainly possible with an unstable knee. Shifts in an unstable knee can actually occur even in a compliant patient but they are much more likely in a patient who didn’t follow instructions. People are often noncompliant. This can be due to belligerence but can also be due to poor understanding of instructions or altered decision making due to cognitive effects of pain meds. And sometimes it’s just impossible to keep weight off a knee in certain social situations. Does the patient live alone in a 3rd floor walk-up apartment where the kitchen, bathroom and bedroom are separated by flights of stairs? Typically, in these cases, it isn’t black and white. I would also like to know exactly what happened to that Popliteal Artery. Was it lacerated vs thrombosed. And what was going on with that patient between the 5th when he came back to ER and the 9th when he got an MRI at the University hospital? Because if it took that amount of time for multiple providers at 2 hospitals to figure out the issue then how can we expect a reasonable ER physician to come up with the diagnosis on the initial visit? Anyway, it seems to me that after watching several of the depositions from this case, there was a paucity of pertinent testimony and lots of pointless questions and answers. I feel sad for the poor man who lost his leg. I don’t know if the verdict against the docs, PAs, nurses and hospitals was justified. I could never make that decision based on the limited and biased set of videos posted by these attorneys. I can only hope that justice was served despite the blatant inadequacies of both our legal system and healthcare system.

  • @bartkay1ify

    @bartkay1ify

    2 жыл бұрын

    *If peripheral pulses are normal, a low but definite frequency of arterial damage exists.* @@GoodnightJLH Let me shed light honestly; I can form an opinion based on the Ortho expert and state-of-the-art medical protocols. There is a lot of information obtained in Vietnam that gives hands-on experience. They’re not as much documentation in ER visits, mainly because the knee reduced when seen. SO given the defense (Ortho dude), I can see and agree in almost all cases, the “Totality of the Circumstances” should be at play. Here it does need to be. The Ortho guy impeached himself and based on that. I can, as a juror, discount all his testimony. But when I posted that comment, It did occur to me someone would disagree with my comment. Since your idea is correct most of the time it is not that simple. But it is; I think Miller and Zois could have made hamburgers with the Ortho guy. I think they could have simplified this if Miller and Zois had shown the other videos. I guess you're saying this video is biased, and if so, why is it up. The Ortho guy is biased, and he *paid* to be biased. To determine the frequency and type of arterial injuries associated with complete dislocation of the knee and to correlate the findings at physical examination with those at arteriography, a computerized search for patients with a diagnosis of dislocation of the knee at discharge from an urban trauma hospital was performed. Nineteen patients with complete dislocation of the knee were found. Arterial injuries were seen in six patients (32%). Four of the 19 patients had no pedal pulse at physical examination. In three of these four patients, occlusion of the popliteal artery was seen on arteriograms. The fourth patient had occlusion of an anomalous anterior tibial artery and a compartmental syndrome. Two of the 15 other patients with pedal pulses (13%) had nonoccluding intimal defects of the popliteal artery; these two patients did well without surgery. It is concluded that abnormal peripheral pulses associated with complete knee dislocation are highly predictive of major arterial injury. If peripheral pulses are normal, a low but definite frequency of arterial damage exists. pubs.rsna.org/doi/10.1148/radiology.184.1.1609074 Sincerely Bart Kay

  • @GoodnightJLH

    @GoodnightJLH

    2 жыл бұрын

    @@bartkay1ify I’m a retired physician. Yes. You are correct. It’s possible to at least initially palpate a pedal pulse when a Popliteal arterial injury exists. It’s very uncommon but possible. If a pulse is present, it’s highly likely that the patient also has sensation and movement in that foot at the time. But this is a malpractice case. And standard of care is not to perform MRI in every single knee injury patient because of such very rare occurrences. I myself have had multiple knee injuries, subluxations and dislocations but have only had MRI done by order of a private Ortho doc and it has never been on the same day. I haven’t listened to all of the videos for this case. I would like to actually know what was going on with the patient when readmitted on the 5th and why the ER doc deposition indicates that MRI wasn’t done until the 9th. Do you know whether they could tell whether the Popliteal artery was lacerated, occluded or thrombosed? I still stand by my point. I can’t possibly determine whether the ER doc failed to meet standard of care in this case. Either maloccurrence or malpractice or both most certainly occurred in this case. But malpractice law does not hold doctors liable for undetectable rare medical issues that were missed despite the standard of care. Unfortunately, many physicians are poor at documenting their H&P findings and so it’s difficult for them to later prove they provided standard care at the time of the encounter. In this case, performing and documenting a complete H&P at the time would have likely made a difference although juries often award malpractice plaintiffs money based on likeability of plaintiff vs defendent even if standard of care was clearly proven.

  • @bartkay1ify

    @bartkay1ify

    2 жыл бұрын

    *IF* Then how I concluded BS!! It is concluded that abnormal peripheral pulses associated with complete knee dislocation are highly predictive of major arterial injury. *If* peripheral pulses are normal, a low but definite frequency of arterial damage exists. Vascular compromise incidence 5-15% in all dislocations 40-50% in anterior or posterior dislocations. Tolson was posterior. If pulses are present and normal does not indicate the absence of arterial injury, collateral circulation can mask a complete popliteal artery occlusion measure Ankle-Brachial Index (ABI) on all patients with suspected KD. if ABI >0.9, then monitor with serial examination (100% Negative Predictive Value) if ABI