I have litigated similar issues regarding the duty a hospital owes to relatives of a patient, intentional infliction of emotional distress, wrongful death, and immunity.
These are difficult cases, trying for all involved. Press attention can help but can also add to the emotional impact on the parties.
“Our trial strategy is simple,” the Kowalskis’ attorney Greg Anderson told Law360. “If the truth comes in and I am able to put my case in, I feel very confident that a jury will agree that Maya Kowalski was abused and that Johns Hopkins made an intentional decision to try to force the Kowalskis to agree with their misdiagnosis.”
But the hospital is expected to present evidence at trial that Maya, who arrived at the St. Petersburg hospital on Oct. 7, 2016, significantly underweight and in a wheelchair, did well under the hospital’s care and is living a normal life today. Johns Hopkins maintains that its doctors did their duty as mandatory reporters to report their suspicions of medical abuse to the Florida Department of Children and Families, and it was that agency and a judge who did the investigation and decided to temporarily remove Maya from her parents’ custody.
These thoughts from the Plaintiff’s lawyer ring true based upon my experience.
Anderson, the Kowalskis’ attorney, said he is confident about the facts and the law as it stands applied to the facts, although he says he is concerned about certain pretrial orders excluding evidence that could “cut down the case to something that has no resemblance to what actually happened.”
“If we’re allowed to get the facts in, if the jury’s allowed to hear what actually happened to these folks, I feel very confident,” he said.
Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1721301?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-14&read_main=1&nlsidx=0&nlaidx=3?copied=1