Matis Baum Rizza O'Connor

David M. Chmiel

Focus:

Dave joined Matis Baum Rizza & O'Connor in 2009 and focuses his practice in the defense of physicians and dentists, hospitals and long term care facilities and a host of other healthcare and medical providers, including physicians assistants, nurses, physical therapists and certified nurse anesthetists to name a few.

Of Interest

Dave was born and raised in Kalamazoo, MI and pursued his undergraduate degree in political science at the University of Notre Dame in South Bend, IN. Upon graduation, he attended the University of Pittsburgh School of Law. Dave began his career at a small five attorney firm in Pittsburgh where he began to develop his trial skills handling general liability cases, including motor vehicle accidents and premises liability claims, as well as medical negligence matters. Dave continued to pursue his interests in medical negligence defense at a significantly larger firm based out of Philadelphia, PA until arriving at MBRO.

Dave enjoys spending his free time with his wife, Shelley, a native of Western Pennsylvania, and their three children, Brianna, Ryan and Mason. Dave also enjoys golfing and fishing when time permits.

Sample Experience And Verdicts

  • Dave has successfully taken more than a dozen cases to a jury, including:
  • Obtained a defense verdict for a prosthodontist following nearly three weeks of trial, where plaintiff alleged that the prosthodontist failed to properly measure the vertical dimension of occlusion, resulting in an ill-fitting and uncomfortable prosthesis and complaints of TMJ. Pre-trial demand was $800,000.
  • Obtained a defense verdict for a home health care nurse agency following trial, where plaintiffs alleged that the nurses and other defendants failed to properly care for and treat their mother, a resident of a personal care home, who developed decubitis ulcers and recurrent urinary tract infections.
  • Obtained a verdict for his client, a skilled nursing facility, for significantly less than the settlement authority given, where plaintiffs alleged that the nurses and respiratory therapists failed to properly and timely respond to a code situation, resulting in anoxic encephalopathy and ultimately the patient's death.
  • Settled a case against a local hospital after effective cross-examination of plaintiff's expert for a fraction of the amount offered before trial.

Publications/Presentations

  • Update in Medical Malpractice Law, CLE, October 2004
  • Dave also served as a presiding judge and scoring judge for the American Association for Justice's Student Trial Advocacy Competition, February 2009