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Arshack, Hajek & Lehrman

Aggressive, creative advocacy since 1983

Malpractice defense litigation

Medical Malpractice Defense

We understand that a claim against you represents an attack on your professionalism, your judgment and your assets. We resolve many of our cases on the strength of our legal analysis—often for nominal amounts—without the need for trial. When we do go to trial, we are aggressive, creative and prepared. We have achieved dramatic results for our clients resulting in significant savings.Daniel N. Arshack
We have successfully defended doctors, nurses, lawyers, accountants and other licensed professionals against claims of medical malpractice, legal malpractice, accounting errors, surgical errors, nursing malpractice, birth injuries, brain damage, and physician negligence.

We thoroughly investigate and evaluate every case, review all relevant medical records, locate expert witnesses, and make effective use of testimony in depositions and at trial.

We understand what is at stake in today’s litigious environment, and are committed to providing cost effective defense services tailored to protect your rights and vital interests — in and out of court.

Case samples
  • We defended an ER physician against allegations of failure to timely diagnose and treat acute appendicitis in a young boy. The appendix had ruptured following a visit to the Emergency Room. The jury found for our client.
  • We defended a dentist against allegations of failure to properly perform oral surgery during a root canal. The jury returned a verdict for our client.
  • We defended a hospital in a case alleging failure to diagnose and treat a dislocated shoulder, resulting in permanent damage to the shoulder. Even though the hospital had lost the patient’s medical records, the jury returned a verdict limiting our client’s liability to only $1,600.
  • We defended an internist in a case alleging failure to properly treat a burn on a young man’s hand, resulting in infection and loss of use. The jury found for our client.
  • We successfully defended a hospital and an attending pediatrician against allegations of failure to diagnose and treat SCFE in a young girl, resulting in leg shortening and a limp.
  • We represented a cardiologist and a hospital in a case of alleged failure to prevent a heart biopsy patient from falling in the doctor’s office following the procedure. At trial, the judge dismissed the case.
  • We defended an orthopedic surgeon who had lost his license for alleged failure to properly treat a fractured hand in a young man, resulting in the need for additional surgery. Mid-trial, we successfully negotiated a settlement in the low four figures, which was a fraction of the client’s risk exposure.
  • We defended a surgeon against allegations of failure to properly perform surgery on the hand of a woman who was suffering from DeQuervain’s Syndrome. Early in the trial, we negotiated a settlement for only $10,000.
  • We defended one of three co-defendant ophthalmologists at a trial for failure to treat an eye infection following cataract surgery, resulting in loss of the eye. We successfully negotiated a settlement at jury selection that required no contribution from our client.
  • We defended a hospital in a claim for a botched endoscopy and won summary judgment dismissing the case against our client.
Publications