Medical Malpractice

Bai, Pollock, Blueweiss & Mulcahey has a wealth of experience representing clients in both state and federal court. We are one of the leading defense firms in Connecticut and have been involved in defending health care related cases for over thirty years. We have been retained by CNA, Aetna, Connecticut Medical Insurance Company (CMIC), Medical Protective Company, Farmers Insurance Group, American Home Assurance Company, Connecticut Health Institutional Service, Inc., Hartford Insurance, Continental Insurance, American Continental Insurance Co., Pro Mutual Group, Medical Inter-Insurance Exchange of New Jersey, SCPIE, Safeco, Zurich American, AAO Services, Arch Insurance Group, Shand Morahan & Co, Inc., Bridgeport Hospital, Yale-New Haven Hospital, MCIC Vermont, Milford Hospital, the former Park City Hospital, Stamford Hospital, Danbury Hospital, Silver Hill Hospital, the John Dempsey Hospital at the University of Connecticut and several nursing homes and psychiatric facilities. We have also served as personal counsel to many physicians and dentists at their request.

Our firm has handled cases involving a wide variety of health care related specialties including: addiction medicine, alcoholism/substance abuse, anesthesiology, breast surgery, cardiology, cardiothoracic surgery, cardiovascular disease, cardiovascular surgery, critical care medicine, dermatology, electrophysiology, emergency medicine, endocrinology, endodontics, family medicine, gastroenterology, general dentistry, general surgery, geriatrics, gynecological oncology, hematology, homeopathy, infectious disease, internal medicine, interventional cardiology, neonatal-perinatal medicine, neurology, neurosurgery, obstetrics/gynecology, oncological surgery, oncology, ophthalmology, oral and maxillofacial surgery, orthodontics, orthopedics, osteopathic medicine, otolaryngology, pain management, pathology, pediatrics, periodontics, physical and rehabilitation medicine, plastic surgery, psychiatry, pulmonary medicine, radiation oncology, radiology, reproductive endocrinology, rheumatology and urology. We have also handled cases involving issues of sexual misconduct by therapists.

Over the years we have always worked to provide our clients with the highest level of legal representation in the courtroom. We are proud of the success we have achieved and fully expect to provide the highest level of legal representation in the future. Bai, Pollock, Blueweiss & Mulcahey, P.C. has provided a wide range of unique services to healthcare institutions and physicians. We can provide similar services to you.

High Profile Cases
We have represented clients involved in cases that have become the subject of press coverage or other types of publicity. Handling these types of high profile cases presents a number of challenges both with regard to the appropriate response to the press and the concerns clients typically have when their alleged acts of negligence are being publicly discussed.

We recognize that while we are primarily in the business of trying cases to successful conclusion, doing so may not always be in the best interests of our clients. We have negotiated numerous favorable settlements on behalf of our institutional and individual clients under a variety of circumstances. On such occasions the decision to settle has been predicated on a detailed analysis of the impact a verdict may have on a client’s reputation and financial situation. In such instances, we have negotiated confidentiality agreements to ensure that settlement terms do not appear as headlines.

There are few firms which have had this level of experience with complex, high profile cases. As a result, we are exceptionally qualified to provide legal representation regardless of the complexity or uniqueness of the litigation challenges you may face in the future.

Appellate Work
We have briefed and argued numerous appeals before the State of Connecticut Appellate and Supreme Courts. Many of the appeals that we have handled concerned evolving areas of the law. The following is a list of several significant appellate decisions involving medical malpractice cases briefed and argued by members of our firm.

Logan v. Greenwich Hospital Ass’n, 191 Conn. 282, 38 ALR4th 879 (1983) (case of first impression on informed consent in medical malpractice reversing trial court)

Jacoby v. Brinckerhoff, 250 Conn. 86 (1999) (affirming no duty owed to patient’s former spouse)

Witt v. St. Vincent’s Medical Center, 252 Conn. 363 (2000) (statute of limitations)

Blatchley v. Mintz, 81 Conn. App. 782 (2004) (verdict for firm’s client affirmed; jury instruction correct; verdict for co-defendant reversed)

Cousins v. Nelson, 87 Conn. App. 611 (2005) (defendant’s verdict affirmed; no error in exclusion of plaintiff’s evidence)

Duffy v. Flagg, 279 Conn. 682 (2006) (judgment for defendant physician on informed consent, reversing decision of appellate court)

Neuhaus v. deCholnoky, 280 Conn. 190 (2006) (summary judgment for defendants on statute of limitations affirmed)

Zielinski v. Kotsoris, 279 Conn. 312 (2006) (summary judgment for defendants on statute of limitations affirmed)

Grey v. Stamford Health System, Inc., 282 Conn. 745 (2007) (summary judgment for defendants on statute of limitations affirmed)

Terio v. Rama, 104 Conn. App. 35 (2007), cert denied., 285 Conn. 912 (2008) (verdict for defendant physician affirmed on appeal)

We have the expertise and experience to successfully handle all of your appellate work in this area of the law, as well as any civil matter.

State Agency Investigations and Actions

Bai, Pollock, Blueweiss & Mulcahey, P.C. has represented physicians, nurses, dentists, psychologists and psychiatrists, as well as healthcare institutions, before the Connecticut Department of Public Health regarding licensing and standard of care issues. Our involvement includes representation at the investigative stage, as well as all aspects of the defense of a claim after a statement of charges has been issued by the Department of Public Health. This includes the retention of expert witnesses and the presentation of evidence in hearings before the Medical Examining Board, Dental Examining Board, Psychology Examining Board and Nursing Examining Board. We have successfully defended a number of petitions brought by the Department of Public Health. The resolution of such claims has encompassed dismissals before a statement of charges has been filed and after hearings have concluded, as well as the entry of consent orders and negotiated settlements of petitions.

Presentations, Seminars and Education
In addition to providing high quality, aggressive and efficient legal representation, members of the firm are also involved in conducting seminars and presentations for various health care providers and insurance companies, as well as the judiciary.

Garie J. Mulcahey, who is Martindale-Hubbell rated AV, is a member of ABOTA, the American Board of Trial Attorneys, and has been recognized in Best Lawyers in America and Connecticut Magazine’s Top Lawyers. She contributed to the creation of a videotape for the judiciary for use at their yearly instructional meeting. The videotape dealt with evidentiary matters that are presented during court proceedings. Attorney Mulcahey has also lectured to the Connecticut Medical Insurance Company (CMIC) on the issue of demystifying the litigation process for physicians. She has conducted “In-Services” for Milford Hospital on a variety of medical/legal issues including charting and documentation. She has also conducted medical malpractice mock trials including cross examination of nurses and nursing experts.

Gaileen A. Kaufman, who has been recognized in Best Lawyers in America, has presented to the CNA Insurance Companies risk management seminars on both nursing home claims and dental claims. She was also a panelist at Pace University during a seminar on Current Issues in the Psychiatrist-Patient Relationship. The discussion appeared in the Pace University Law Review at 20 Pace L. Rev. 231 (Spring 2000).

We are prepared to offer our experience to address any needs you may have in the area of risk management or litigation education.  For more information, please contact Gaileen A. Kaufman at gkaufman@baipollock.com.