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Defense Verdict for Internist

Obtained a defense verdict in a medical malpractice action regarding alleged negligence and informed consent in a four-week trial in Bergen County, New Jersey. The plaintiff alleged that our client, an internist, negligently prescribed an iron infusion to a 52-year-old man with severe anemia (from newly diagnosed colon cancer). During the test dose of the iron, the decedent had a reaction that was unobserved by the nurse, which continued until the decedent had a cardiac arrest. He was resuscitated, but he died a day later. The defendant asserted that the only treatment for the severe anemia was an iron infusion and that it was properly ordered—a test dose and observation by the nurse for an hour before the full dose is administered. Unfortunately, the patient did have a reaction, but the nurse was not around for 25 minutes of that hour. Our client also asserted that he explained the treatment plan and alternatives to the patient before ordering the medication. After a three and one-half-week trial, the jury returned a defense verdict.

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