Why I Discontinued a Lawsuit Against an Anesthesiologist

It was a wrongful death case.
We claimed multiple doctors contributed toward this death.
Our experts confirmed this.
Our experts confirmed that each doctor we sued was responsible.

The problem was that they all weren't responsible.

However, we didn't know that at the beginning.
We didn't know that because not everything was written down.
We relied on the doctor's written records.

My experts relied on the doctor's written records.
My experts concluded that all the doctors involved were culpable.

Except they weren't.
But, we didn't know that at the beginning.

Only after I questioned each doctor did I know.
Only after I analyzed each deposition, was I able to confirm.
Every doctor we sued was clearly involved...

All, except one. 
An anesthesiologist.

He helped resuscitate the patient during surgery.
The patient died on the operating room table.

After I questioned the anesthesiologist, I knew.
I knew he didn't belong in this case.
It was obvious to me.

I did the right thing...
I let him out of the lawsuit.

He didn't belong here in the first place.
He didn't record everything he should have.
Had he done so, he never would have been sued.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer
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