Virginia Injury Lawyer Blog

The March 2020 issue of “ED Legal Letter” features a discussion by Gary Brooks Mims on the difficulties of establishing causation in malpractice claims against emergency medical providers. Mims cited as examples several of his cases where the emergency physicians failed to diagnose stroke, resulting in serious injuries. The failure to diagnose the stroke, Mims explained, was clearly negligent but what makes the case difficult is the issue of causation. In the article, he says, “If the ED defense can prove the injury would have happened regardless of the ED physician’s treatment, even if the treatment was negligent, the ED physician would get off because the negligence would not be a proximate cause of the injury.”

“ED Legal Letter” is a monthly publication for “emergency medicine malpractice prevention and risk management. Mims is quoted in the article “Causation Difficult for Plaintiff in ED Malpractice Claim.”

The personal injury law firm of Sickels, Frei and Mims today announced that partner Charles Sickels is retiring from the firm at the end of 2019. He has moved to Richmond where he will continue serving selected business clients. The firm also announced that Gary B. Mims will assume the role of managing partner.

In a career that has spanned 45 years, Sickels helped hundreds of people succeed in personal injury cases. Over the years, he also developed special expertise in business law. He has nurtured dozens of small and large business clients to plan and structure their organizations, as well as handle contracts, employment disputes, and commercial transactions.  In addition, he served as the registered agent for many organizations doing business in Virginia.

Among Sickels’ many career achievements is a landmark case that ultimately redefined “not to compete” covenants in Virginia. His case, Home Paramount Pest Control v. Rector, is still recognized as a leading decision on post-employment restrictions in Virginia.

by Matthew Perushek

Photo by Blogtrepreneur, under CC: https://creativecommons.org/licenses/by/2.0/legalcode

You and your attorneys have won! After nearly two years of pre-trial preparation, involving obtaining and reviewing medical records; depositions of witnesses, doctors. and experts; countless motions, meetings, and phone calls, your case was argued and won before a jury of your peers.  Finally, it’s over and now, finally, you will receive your just compensation.

The Virginia Supreme Court has affirmed a trial win by attorneys Gary Brooks Mims and Matthew Perushek, leaving in place the $800,000 jury verdict for a woman who suffered partial blindness after a cosmetic eye procedure. Under Virginia law, plaintiffs are entitled to interest on the verdict amount until the appeal process is completed. In this case, that amounted to an additional $74,000 for the plaintiff.

“While it is unfortunate that my client had to wait more than a year to receive compensation for her serious injury, we are gratified that the high court affirmed the verdict and sent a message that our cross-examination of the expert witnesses was appropriate,” said Mims, a partner with the Fairfax firm of Sickels, Frei and Mims.

Mims’ client was left functionally blind in her right eye after undergoing blepharoplasty to remove excess skin from her upper eyelid. (For  more information, see the Case Result.)

We are proud to announce that Sickels, Frei & Mims partners have once again been named to the Best Lawyers in America list for 2020. Since first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

The partners were named to this prestigious roster as:

Steven M. Frei: Personal Injury Litigation-Plaintiffs, Medical Malpractice Law-Plaintiffs

by Gary Mims

Medical errors can kill.  It is only when we know the “how” and the “why” the error happened that the medical community — and the public — can learn from the mistakes.  Confidential settlements protect the person or institution that caused the injury, or in astronaut Neil Armstrong’s case, death. Without disclosure, there is no scrutiny. That scrutiny can lead to a process to “fix” what went wrong and thereby prevent a similar error from occurring to someone else.  The hospital where Armstrong was treated and then died sought confidentiality to spare itself what would have been widespread negative publicity.

I don’t like confidentiality agreements; they are not good for society as a whole.  However, I have to look after the best interest of my client, so when a fair settlement is offered yet tied to confidentiality, I have to advise my clients to do what is in their best interest, which often means accepting the confidentiality terms.

Firm attorney Matt Perushek recently shared advice for young lawyers on legal writing and courtroom practices, as part of continuing legal education (CLE) panel for the Fairfax Bar Association. Also on the panel were Fairfax County Circuit Court judges David Bernhard and John Tran. Moderators included Sickels, Frei and Mims attorney Ben Charlton. For Perushek’s prepared materials, see “Tips for Young Lawyers.”