Defense Verdict in Complex Medical Malpractice Action

We obtained a defense verdict in a complex medical malpractice case after a two-week jury trial in New Jersey. The elderly plaintiff claimed his posterior lumbar laminectomy for decompression was negligently performed. It was alleged that care failures in the performance of surgery caused a loss of bowel and bladder control that ultimately required an irreversible colostomy and placement of a suprapubic catheter, as well as subsequent infections requiring extended medical intervention and rehabilitative care. The plaintiffs also made a claim for lack of informed consent for an alleged failure of the physician to inform the plaintiff regarding the risks of the subject surgery, which was thrown out by the court at trial. The defense was successful in obtaining favorable admissions from the plaintiff’s expert during cross-examination, and the strength of the defense’s standard of care expert testimony was convincing to the jury, resulting in a defense verdict.