Case Studies
Below are select case studies highlighting personal injury cases that have been handled by the Law Offices of Robert Rubenstein, P.A.
Medical Malpractice
W. v A.
S.W., a married man with a young daughter, went to the emergency room with complaints of abdominal pain, nausea, vomiting, and an inability to urinate. He was sent home with a diagnosis of urinary tract infection. S.W. returned to the same emergency room less than 12 hours later with the same complaints. He was again sent home with the same diagnosis. He died less than 24 hours later. His autopsy revealed kidney failure caused by a perforated intestinal tract. If either of the emergency room doctors had made the correct diagnosis, then S.W. could have undergone surgery and would have survived. The defense argued that there was no negligence and that it was reasonable to diagnose a urinary tract infection. Through extensive litigation, as well as retaining qualified experts in the fields of emergency room medicine, pathology, nephrology, urology, and infectious disease, the Law Offices of Robert Rubenstein, P.A. were able to convince the defendants of the merits of this case and secure a settlement totaling $4.9 million which protects the futures of the widow and child.
Learn more about medical malpractice
Wrongful Death
S. v C.
L.S. was a construction worker. He was married and had three young children. One day, at work, while walking along the outer walkway on the 13th floor of a high-rise project, he fell through a plywood bridge and dropped to his death. Through our investigation and work we proved that the company responsible for maintaining the walkway failed to insure that the appropriate safety devices were in place to support the plywood bridge. We were able to show that L.S. fell through what amounted to a concealed trapdoor. We overcame defense arguments of lack of notice, comparative negligence, negligence of a Fabre non-party defendant, lack of liability, and workers' compensation immunity. The recovery for the family totaled $3.9 million. The court-appointed guardian ad litem in the case wrote in his report, "I feel the settlement is an excellent one and the attorneys for the estate should be commended for achieving such an outstanding result."
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Car and Auto Accidents
E. v D.
S.E. was driving home with her sister, S.F. A pizza delivery man made an improper left hand turn in front of her causing a head on collision. S.E. suffered massive facial and tracheal injuries. Through extensive litigation, the Law Offices of Robert Rubenstein, P.A. proved that, contrary to the arguments of the defendant, the pizza driver was actually the agent of Domino's, and not simply an employee of the local franchise. By successfully bringing Domino's into the case, additional insurance proceeds were obtained. This led to a favorable settlement for S.E. in the amount of $1.6 million as well as a $300,000 settlement for her sister, S.F., for a fractured ankle that required surgical repair.
J. v A.
G.J. was a hospital maintenance worker, employed by the same facility for almost 20 years. On his way home from work he was rear ended by the defendant. He suffered a herniated lumbar disc that required surgical repair. The defense argued that because his emergency room records made no reference to back complaints, that his back injury was unrelated. We successfully proved otherwise at trial. The defendant never offered more than $25,000 on a $100,000 policy before trial. The jury awarded G.J. $725,000.
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To discuss your injury claim with a skilled legal professional, contact our Miami, Florida personal injury attorneys today.