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The “Only Doctor in Town” Defense? We Cracked the Code
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"It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett Trettel reveal how they overcame challenges including COVID-related defenses, contradictory timeline claims, and the fear of alienating the only specialist serving their rural community.
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- The case involved Kirt, who experienced acute pain in his leg and was diagnosed with critical limb ischemia, but experienced significant delays in treatment leading to an amputation.
- The defendant, Dr. Lynch, was the only vascular surgeon in the county, creating unique challenges for the legal team in persuading local jurors.
- Despite multiple calls from the emergency department about Kirt’s critical condition, Dr. Lynch remained at a wound care center and significantly delayed seeing the patient.
- A key defense strategy involved using an audit trail to suggest Dr. Lynch arrived at the hospital earlier than medical records indicated, forcing the team to adapt their approach.
- The lawyers explain how they effectively used the "increased risk of harm" causation standard to overcome challenging timeline issues in the case.
- The team discusses their decision not to call certain witnesses, such as the PA and emergency physician, relying instead on medical records as the strongest evidence.
- The verdict of $2.2 million came after a five-hour jury deliberation with a 10-2 decision, reflecting the challenging but ultimately successful case.
Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.
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