Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Professional Liability

Wiencek v. Primary Care Physician, et al.


Defendant Physician


Verdict for the defense


DBMS successfully defended a primary care physician at trial in a high-exposure case involving the death of a 32-year-old married working mother of five young children.

The patient had been admitted to the hospital under the care of the defendant physician for evaluation of and pain management for a severe headache.

The defendant physician ordered Dilaudid, a potent opioid narcotic pain medication, to be given regularly to manage her pain. Unfortunately, the patient was found unresponsive within several hours of the admission.

While the autopsy was not conclusive, the plaintiff’s experts claimed the patient was overdosed on Dilaudid which lead to respiratory arrest. They asked the jury to award $6 million.

The defense was able to refute the plaintiff’s argument and overcome the significant jury sympathy to obtain a defense verdict.