Medical Malpractice Consultation

Archer Consulting Case Study – Medical Malpractice Consultation

When Tricia was just months old, she was scheduled for routine surgery to fix a cosmetic issue. The surgery ended in disaster. Over a period of 18 hours, she had to be resuscitated three times and her life hung in the balance.

Background

When Tricia was just months old, she was scheduled for routine surgery to fix a cosmetic issue. The surgery ended in disaster. Over a period of 18 hours, she had to be resuscitated three times and her life hung in the balance. The crisis passed and her parents took her home. However, numerous experts told them that Tricia would have a severe cognitive impairment and never walk, talk, or have any perceptible vision.

Two years later, the family was still embroiled in a lawsuit with nine attorneys representing the plaintiffs. The family’s legal counsel had brought in numerous “life care” experts to chart the expected long-term care expenses that would be the basis of the financial settlement. In the meantime, the mother and father had decided they would not accept the dire assessments of the medical community concerning the future of their young daughter.

Almost from day one, they began researching treatments from Canada to Brazil. They contacted clinics with therapies that seemed to fit and were soon traveling on a regular basis. Not being wealthy, their lack of funds quickly became an issue though they had financial support from family and friends. Tricia continued treatments that seemed to show positive results. She was able to walk; could recognize people from across the room and, most momentous, laughed when her name was called. The family was making hash of the “experts” predictions. At the same time, Tricia’s parents were discouraged with the life care planners they interviewed. None seemed to grasp the “big picture” and seemed focused more on adhering to the standard system than on the unique circumstances of Tricia and her family

Archer Consulting Brought in to Consult

With just seven days left until the court date, Tricia’s parents were referred to Archer Consulting. After a two hour meeting, they informed their counsel that Archer Consulting would be developing the special needs plan for Tricia.

A second meeting took place at Tricia’s Guardian Ad Litem’s office two days later. The Archer Consulting team provided an experienced special needs trust attorney (with sample documents drafted) and a trust officer with 30 years of special needs trust experience. Options were explored in light of complicating issues such as:

  • The parents had not been named as parties to the suit; and
  • Medicaid, and thus the Trust, would not be able to pay for the treatments which had proven so successful.

After explaining the basics of the plan option chosen, Archer Consulting advised the Guardian to petition the court to allow the parents to control a specified amount of the award, unfettered, to which he agreed. The judge was pleased to be setting a new state precedent although, as the case was sealed, the details remain closed.

Results

The result was that Tricia’s parents could continue to pay for whatever medical procedures they chose to try, and were able to repay all those who had supported them through the tough times. They also set up a fund at their church to help others in the future.

Tricia is now a beautiful six year old who does walk, talk and laugh, although there is still more progress to be made. By looking beyond “what is” to “what could be,” Tricia’s story has a much happier ending than her parents had ever envisioned.