On May 16, 2018, Drew Balac secured a dismissal of a lawsuit brought against her client, a dentist.
Plaintiff alleged that during a dental procedure, plaintiff’s front tooth was chipped as a result of the dentist’s negligence. Plaintiff alleged that the dentist’s negligence must have been the cause of the chipped tooth.
Drew Balac moved for dismissal of the lawsuit because no one could explain how or why the dentist chipped the tooth. Drew argued that neither plaintiff nor his expert could provide an explanation sufficient to maintain the lawsuit. The court agreed.
Drew Balac of the Balac Law Group recently obtained a dismissal of a lawsuit brought against a psychiatrist.
The court entered a dismissal with prejudice during expert discovery. In his complaint, plaintiff alleged that the defendant psychiatrist misdiagnosed him; failed to provide proper treatment; and prescribed medications that led to psychosis and addiction. Plaintiff’s allegations were supported by an affidavit signed by a well-respected Chicago area psychiatrist. Plaintiff was hospitalized multiple times after he stopped treating with defendant. Among his damages, plaintiff claimed over $2 Million in medical expenses and almost $3 Million in lost wages.
Based on the evidence and testimony that was obtained during discovery, plaintiff’s expert was unable to maintain many of his opinions and subsequently withdrew from the case. Plaintiff was unable to overcome the testimony of his original expert and was not able to find a new expert to support his case.
To schedule a meeting to discuss how the Balac Law Group can help you or your practice with any malpractice defense concerns please contact Scott Rowan.
On September 29, 2017, Drew Balac of the Balac Law Group led a meeting of psychologists, social workers, and counselors about risk management strategies that they can employ in their private practice.
The discussion covered a variety of topics and addressed a number of concerns raised by mental health professionals. However, the duty to warn emerged as the biggest concern and easily dominated the discussion.
Scheduled for just one hour, the frank discussion lasted nearly two hours due to the number of questions about legal responsibility regarding the violent actions of patients or clients.
“Having a patient commit suicide, homicide or any act of violence is easily the Number One concern I hear from my behavioral health clients,” said Balac, principal at Balac Law Group, a law firm specializing in medical malpractice defense.
Unfortunately, in our current environment, we’re seeing a marked rise in senseless violence, which has ratcheted up the level of anxiety in patients who were already fragile. At the same time, mental health professionals are on higher alert.
It is important for a mental health professional to have a clear understanding of when the duty to warn arises and to have a clear plan of action when the duty does arise.
Balac was able to illustrate the duty to warn through a series of fact patterns. Instead of lecturing, Balac engaged the attendees.
She felt the open discussion and exchange of ideas among the group was key to the success of the meeting and led to a better understanding of the duty to warn.
To schedule a meeting with the Balac Law Group at your practice, please contact Scott Rowan.