Profiles In Expert Medico-Legal Consulting: Highlighted Cases
The foundation of confidence at ObGyn Legal Consultants is rooted in a proven track record of support in various OBGYN-related litigations. Under the leadership of Dr. Michael Swor, a board-certified obstetrician-gynecologist with decades of medical and courtroom experience, the firm has demonstrated its value in case development for medical malpractice litigation involving OBGYN cases. The firm provides expert advice to plaintiffs, defendants, and insurers on complex issues related to gynecologic surgery claims. Additionally, Dr. Swor has served as a guideline development expert for ACOG and as an expert witness in both deposition and trial settings, focusing on medical malpractice, obstetrics, and gynecologic surgical standards of care. The firm also offers objective, informed consultation aimed at facilitating settlements in intricate medical malpractice cases. The benefits of this involvement are evident in the outcomes achieved for clients.
Case Study 1: Effective Defense in an Intricate Surgical Malpractice Litigation
“A leading law firm retained ObGyn Legal Consultants to analyze a high stakes medical malpractice case alleging that the defendant surgeon himself committed an error during a minimally invasive hysterectomy. The plaintiff alleged permanent injury from an intra-operative complication. Dr. Swor reviewed operative reports, imaging studies and postoperative care records. Dr. Swor’s analysis determined that the surgical technique was consistent with standard of care guidelines and that in the case at hand, the complication while regrettable, was recognized as a possibility and disclosed during the informed consent process. Dr. Swor’s expert report assisted the defense in articulating the standard of care for the surgical procedure and noted that the decision making surrounding the procedure was advanced and complex. Dr. Swor’s courtroom testimony provided a clear non-emotional explanation of the surgical selection process. The jury returned a defense verdict after attributing the highly credible expert analysis as determinative.”
Case Study 2: Advocate for Victims in a Birth Injury Lawsuit
An attorney representing a family in a birth injury case contacted ObGyn Legal Consultants for an independent case review. The allegation was that fetal distress during labor was not recognized in a timely manner, resulting in neonatal injury. Our experts reviewed the labor and delivery notes, traced electronic fetal monitoring, and read the timeline of maneuvers. Everything confirmed that the medical team did not take appropriate action in the face of clear indications, inconsistent with practice standards for this situation. Dr. Swor’s deposition testimony explained how it is likely that intervention at an earlier time could have changed the outcome. The case came to an excellent settlement for the plaintiff, who was thereby able to access additional resources for the well-being of the child long into the future. The attorney appreciated Dr. Swor’s objective and factual analysis, sound reasoning and ability to explain complex medical material to laypeople.
Case Study 3: Settle a Hospital-Credentialing Matter
“A regional hospital was embroiled in a bitter dispute over the credentialing of a newly recruited gynecologic surgeon. The case was further complicated by divided opinions among the medical staff and issues raised by the hospital’s own risk management department. ObGyn Legal Consultants was retained to offer the hospital an independent view of the surgeon’s qualifications, procedure competence and patient outcome history. Dr. Swor and staff interviewed concerned parties, reviewed surgical logs and credentials and consulted peer references. The resulting report revealed that the surgeon was qualified in all areas required for credentialing and exhibited an excellent safety record. The board of medicine used the report extensively to resolve the dispute and permit the surgeon to affiliate with the medical staff. The process helped assure the institution’s commitment to patient safety and proper, evidence based decision making.”
Case Study 4: Medical Expert Testimony in Workers’ Compensation Gynecological Injury Case
A workers’ compensation insurer contacted the ObGyn Legal Consultants for assistance with a pelvic injury. A nurse had sustained a pelvic trauma while lifting a patient. The claimant’s lawyer asserted long-term gynecologic injury and earning capacity loss. Dr. Swor examined the medical imaging, surgical care and occupational health reports. He found the acute injury to be legitimate, but the long-term gynecologic injury unrelated to the lifting incident and likely due to an underlying condition. His deposition testimony presented the medical causation analysis supporting a reasonable settlement that included appropriate treatment and relinquished the claimant’s right to unrelated conditions. Opposing counsel remarked how much they appreciated the objective, evidence-based consulting.
Case Study 5: Review of Criminal Case – Medical Evidence Led to Acquittal
“In a unique criminal matter, Dr. Swor was retained in a case involving charges of gross negligence brought against an OBGYN practitioner relating to the post-partum death of one of her patients. The State’s theory of prosecution alleged that the evidence would show that the Defendant failed to promptly treat the postpartum hemorrhage. Dr. Swor conducted a thorough analysis of the hospital’s records and logs, all nursing documentation and the acts and omissions of the practitioner. He determined that there was a failure of communication and resources, but no individual malpractice. Dr. Swor presented those opinions in this case, where his detailed and knowledgeable testimony resulted in the acquittal of the defendant. This case reflected the importance of neutral unbiased medical testimony in the courts.”
Custom Solutions for Every Client: Varied Consultation Experience
ObGyn Legal Consultants represents a wide variety of clients, including attorneys, insurance carriers, physicians, hospitals and the various regulatory agencies. Our cases embrace all aspects of OBGYN legal issues such as complications from gynecologic surgery and obstetric injuries to credentialing reviews, criminal charges and workers’ compensation disputes. Dr. Swor’s expertise, along with the availability of an extensive cross-cover network of subspecialty consultants, means each case, no matter how complex or multidisciplinary, will be thoughtfully and timely addressed. Our flexible import fee structure and open lines of communication distinguish us in the medico-legal landscape.
Why ObGyn Legal Consultants are Unique
“Our clients retain us based on Dr. Michael Swor’s exceptional credentials and decades of courtroom and consulting experience as a physician and his leadership roles in the academic and hospital environments. As the Chairman of the Department of ObGyn Sarasota Memorial Healthcare Systems, and as faculty at geographically-distinguished medical schools, Dr. Swor has clinical depth and credibility in every case on which we work together. In combination with extremely positive experience, our firm is known for accuracy, candor and expediency, along with an unyielding commitment to the truth – qualities that produce results and return business, in addition to professional friendships.”
Engage Us for Your Next OBGYN Matter
If you need expert medical case review, consultation and/or compelling expert witness testimony in an OBGYN-related legal claim or litigation matter, ObGyn Legal Consultants is available to help. We welcome inquiries from attorneys, insurance companies, healthcare organizations and others seeking understanding and confidence in complex OBGYN-related medical matters. No matter the complexity of your legal matter, contact Dr. Michael Swor today and schedule a quick, professional case review. Call 1617 South Tuttle Avenue, Suite One, Sarasota FL 34239 at 941-330-8885 / cell 941-302-3604 / fax 941-906-8774 or e-mail [email protected] to reach us, or visit Contact ObGyn Legal Consultants.