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Health Law

Medical Malpractice Defense

The number of malpractice claims brought against health care providers continues to rise. Balick & Balick attorneys are experienced in defending providers from the pre-litigation phase through jury trial and appeal.

Early evaluation of the merits of a malpractice claim offers the best opportunity to resolve it through the means that are least disruptive and most cost-effective for a health care professional or practice. Balick & Balick attorneys are well-versed in the alternative dispute resolution of medical negligence claims. Nevertheless, we are prepared to defend a case through trial and appeal. Balick & Balick attorneys have extensive experience representing parties before Delaware juries in New Castle, Kent, and Sussex Counties and have successfully handled appellate issues addressed to the Delaware Supreme Court, the Third Circuit Court of Appeals and the United States Supreme Court.

Balick & Balick attorneys have obtained legal opinions favorable to practitioners and the medical community at large, without the expense and inconvenience of trial. Representative cases include:

Successful defense of appeal to the Third Circuit in case where plaintiff alleged hospital and emergency room doctors negligently misdiagnosed sexual abuse of a minor and violated reporting statute. District Court entered summary judgment in favor of all medical providers and our attorneys successfully argued for affirmance.

Successful motion for summary judgment in case where plaintiff alleged improper search and seizure following stop and investigation of a visitor by hospital security and State Trooper. Our attorneys won summary judgment on the grounds that the security personnel were not state actors for the purpose of constitutional violation and the Delaware Supreme Court affirmed. The United States Supreme Court denied plaintiff’s petition for certiorari.

Successful motion for summary judgment in case where plaintiff alleged visiting nurses failed to adequately care for bedridden patient and negligently broke bones in attempting to move her. The Superior Court entered summary judgment in favor of our client based on the inadequacy of plaintiff’s medical expert opinion testimony.

When litigation has been necessary or unavoidable, we have obtained favorable jury verdicts for many clients, including:

  • Anesthesiologist accused of failing adequately to anesthetize patient during performance of caesarean section surgery.
  • Hospital sued by three plaintiffs alleging chest infection following successive CABG surgeries in same operating suite.
  • Phlebotomist and laboratory accused of negligence during blood draw.

Balick & Balick is unique in its ability to offer Delaware health care providers outstanding medical malpractice defense in addition to sophisticated advice on the numerous regulatory matters that affect their businesses.

  • Navigating Delaware's Legal Landscape