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Virginia’s Go To Lawyers – Medical Malpractice: T. Daniel Frith III

Dan Frith

Dan Frith
President, Frith & Ellerman Law Firm, PC
Roanoke

Education:

JD, Washington and Lee University School of Law
BA, Virginia Tech

Best known for:

While I find surgical cases very interesting, each different type of case (medication errors, failure to diagnose, etc.) brings its own twists and turns. I read more medical journals than legal publications.

Signature case/representation:

The wrongful death of a 3 year old child due to complications from a tooth extraction. Neither the dentist nor the anesthesiologist (assisting the dentist) were prepared to deal with a known complication and failed to perform a timely intubation to ventilate the young patient. The child suffered a severe hypoxic brain injury and died three days later. The case was successfully mediated to a conclusion but a very close family was devastated.

Satisfying aspect of practice:

Helping ordinary people hold the powerful accountable for their actions.

Working with clients:

Pragmatic. My firm undertakes representation of a plaintiff in about 5 out of every 100 calls we receive about a potential case. Poor medical care is not always enough to make a good medical malpractice case.

Advice:

Never underestimate opposing counsel.

Outlook:

I hope Virginia will do away with the unconstitutional cap on damages in medical malpractice cases. The current cap is extremely unfair to those plaintiffs who have suffered (and will suffer) the most.