Case Study----Patient Advocates and Medical Malpractice Lawyers Collaborate

For patient advocates to succeed, they must work collaboratively with physicians, social workers, discharge planners, insurance companies, and must interact with family members of the client. Many patient advocates are involved with patients who need guidance and direction for various legal matters, including advanced directives, power of attorney documents, financial matters dealing with Medicaid eligibility, special needs trusts etc. In short patient advocates must be effective at interfacing with a team of other professionals on behalf of their clients.

What about collaboration between a medical malpractice attorney and a patient advocate?

The case below illustrates how a team of advocates and lawyers from multiple states came together and made a huge difference in the life of a patient who had no one else to turn to for help. The team included two patient advocates, one in Miami, and one in Chicago, and two medical malpractice lawyers, one in Miami in one in Chicago. This team was victorious in transforming the life of a patient from challenge and darkness one of quality, dignity and happiness. The result would not have been possible without the collaboration between the patient advocates and the medical malpractice lawyer. The case establishes a precedent which should inspire medical practice lawyers to understand that patient advocates can play a critical role in supporting their clients during the litigation process by providing patient advocacy and expertise in many areas which are typically not handled by the legal team.

In February, 2019, Susan, a 71 year old single woman from southeast Florida, was paralyzed from the waist down after a failed spinal cord surgery caused by medical error. Susan was in average health, suffering from pain in her back and legs. She had difficulty walking and sitting, and had already undergone a heart bypass procedure. She had a couple of friends, an estranged brother, and had lived somewhat reclusively for many years. She had a distant cousin in Montreal.

Susan was scheduled to have a spinal cord stimulator installed in her lower spine to reduce pain. In preparation for the surgery, she had CAT scans, and went through the process of wearing a portable out of body testing device. The neurosurgeon was a prominent member of the faculty of a major medical center. He performed the surgery and notified Susan that he failed in his effort to install the stimulator, and unfortunately damaged her spine causing likely paralysis from the waist down. He acknowledged that the CAT scan images were useless and, in hindsight, he should never have proceeded without securing better imaging. He told Susan he encountered excessive scar tissue during surgery making it almost impossible to insert the electrodes in the exact spinal space.

“Susan needed a medical malpractice attorney willing to embrace the concept of independent patient advocacy and we sought out a firm that would agree to insert a clause regarding patient advocacy services in the contract.”

Susan spent several weeks in the hospital and was then transferred to an acute rehabilitation facility in the Miami area. By that time, she had reached out to her Canadian cousin, Jackie. Jackie worked remotely from Montreal scouring the internet. She soon discovered Independent Patient Advocacy and realized she needed one. Jackie found Cathy Bowers, an independent patient advocate in Miami. Cathy immediately contacted GNA founder, Brad Schwartz, a medical malpractice attorney in Chicago. In turn, Brad reached out to Avrom Fox, a Chicago-based patient advocate, who happened to be in southeast Florida.

Mr. Schwartz immediately determined that Susan needed a medical malpractice attorney willing to embrace the concept of independent patient advocacy and he sought out a firm that would agree to insert a clause regarding patient advocacy services in the contract. The Miami law firm of Stewart Tilghman Fox Bianchi & Cain, P.A. immediately understood the need to work with patient advocates, even though they had never worked with them before.

The lead attorneys on the case, Michael Levine and Stephen F. Cain, committed to paying the advocacy fees, which would be deducted from any settlement. If there was no award, the patient advocacy fees would be borne by the law firm. Without this contractual commitment, Susan would not have been able to pay for patient advocacy services.

And so the team was now in place…

Mr. Fox was the advocate handling financial matters, including insurance issues, billing, Medicaid eligibility, nursing home financial issues, etc. Mr. Fox worked closely with Jackie, the cousin in Montreal, on some of these issues. Mr. Fox served as the liaison between the patient advocates, Jackie, Brad, and the two lawyers in Miami.

Susan was transferred into a skilled nursing home and was subjected to the many issues which often transpire in this less than ideal setting. The advocates were constantly engaged in managing conflicts between the nursing home and Susan. They were involved in many areas of medical management, as the case proceeded. Susan worked aggressively on physical therapy, and had ups and down in the process. Ultimately Medicare stopped paying for the PT.

“The question which cannot be minimized is what might have happened to Susan if there were not patient advocates; and if there were not lawyers who were fully committed to working on her behalf for a successful and expedient outcome.”

The lawyers made extraordinary progress in the case. Because it was clear that there was medical error, a mediator was engaged and the case settled. The fact that there was a generous settlement in just 9 months was almost unprecedented. Fortunately, all of the stars were lined up in favor of Susan. She had great lawyers; her cousin Jackie; two patient advocates, Brad Schwartz, and most significantly, a neurosurgeon who acknowledged the error. While there was technically not a lawsuit, the attorneys on both sides succeeded in working together to execute a settlement, which would provide Susan with sufficient funds to pay for all of the services and support she would require for the rest of her life.

Much time was spent on researching special needs trusts, which would enable Susan to continue her eligibility for Medicaid, while benefiting from the award. Once the mediation was completed and the award was formalized, Susan remained in the skilled nursing home for a few more weeks. Jackie had already been engaged in researching assisted living facilities, which would accommodate Susan.

In short, Susan now resides in a magnificent facility. She has made great progress with her rehab, but most importantly she is living a life with dignity and quality. She is happy interacting with other residents in the facility. She is indebted to her cousin Jackie and to Team Susan, consisting of Brad and Michael on the legal side and Avi and Cathy on the patient advocacy side.

The question which cannot be minimized, is what might have happened to Susan if there were not patient advocates; and if there were not lawyers who were fully committed to working on her behalf for a successful and expedient outcome. The answer is obvious.