The “Only Doctor in Town” Defense? We Cracked the Code cover art

The “Only Doctor in Town” Defense? We Cracked the Code

The “Only Doctor in Town” Defense? We Cracked the Code

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"It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett Trettel reveal how they overcame challenges including COVID-related defenses, contradictory timeline claims, and the fear of alienating the only specialist serving their rural community.

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☑️ Greg Unatin | LinkedIn

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☑️ Lupetin & Unatin, LLC

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  • The case involved Kirt, who experienced acute pain in his leg and was diagnosed with critical limb ischemia, but experienced significant delays in treatment leading to an amputation.
  • The defendant, Dr. Lynch, was the only vascular surgeon in the county, creating unique challenges for the legal team in persuading local jurors.
  • Despite multiple calls from the emergency department about Kirt’s critical condition, Dr. Lynch remained at a wound care center and significantly delayed seeing the patient.
  • A key defense strategy involved using an audit trail to suggest Dr. Lynch arrived at the hospital earlier than medical records indicated, forcing the team to adapt their approach.
  • The lawyers explain how they effectively used the "increased risk of harm" causation standard to overcome challenging timeline issues in the case.
  • The team discusses their decision not to call certain witnesses, such as the PA and emergency physician, relying instead on medical records as the strongest evidence.
  • The verdict of $2.2 million came after a five-hour jury deliberation with a 10-2 decision, reflecting the challenging but ultimately successful case.

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