Meshbesher & Spence
It can be a problem getting information from plaintiffs’ personal injury lawyers because so many cases—especially high-value cases—are subject to confidentiality agreements. And medical malpractice may be synonymous with high value.
Joshua Tuchscherer of Meshbesher & Spence exemplifies the dilemma but some information about cases is available on his website. A large portion of his practice is medical malpractice work.
In one case, a 4-year-old girl died because her physician and nurses failed to order and administer antibiotics. In another, a woman was forced to undergo a bilateral mastectomy due to failure to diagnose breast cancer. He’s also represented a person who sustained severe facial disfigurement in a fire in an operating room.
Other medical malpractice cases include failure to diagnose a spinal tumor, causing nerve damage; failure to diagnose and treat glioblastoma, damaging the quality of a patient’s remaining life; and in another, a wrongful death case was caused by negligence in sinus surgery.
Vehicle collision damages are also part of the current picture for Tuchscherer. A confidential settlement was reached where a semi hauling a trailer swerved into the wrong lane, resulting in the death of two children and their mother, who was 8½ months pregnant. (The father was also killed but was driving so he was represented separately.)
And a young woman was catastrophically injured and suffered a traumatic brain injury when a semi-truck made an illegal U-turn and blocked four lanes of traffic causing a collision.
Trial practice is back to normal after the pandemic, if you can call it normal. Tuchscherer said the bar is trying to unpack cases that have been stayed for years, and the bench is being pulled increasingly in every direction. Everyone is busy and has full calendars. and trials are being scheduled in 2024 and 2025. “We’re flying all over taking depositions,” he said.
Tuchscherer said that he has been asked to start mediating, to which he is looking forward. This development is a result of the way the firm practices and the relationships he’s made, Tuchscherer said.