Defense Verdict in Medical Malpractice Jury Trial
Successfully defended an OB/GYN in a three-day medical malpractice jury trial in the Court of Common Pleas of Erie County, Pennsylvania. Our client had performed a hysterectomy on a 76-year-old woman due to a Grade 3 uterine prolapse. The day following the hysterectomy, the plaintiff was experiencing symptoms consistent with internal bleeding, and a second surgery was successfully performed by our client to address the bleeding. It was alleged that during this second procedure, the plaintiff suffered a 2-3 mm perforation of the small bowel and that the doctor was negligent for failing to examine the bowel for possible injury at the close of the second procedure. It was also alleged that our doctor was negligent for failing to recognize signs and symptoms of a bowel perforation in the approximately nine days following the second surgery, which led to yet a third surgery. Following the third surgery, the plaintiff's condition deteriorated and she ultimately died. Our client testified convincingly that she had closely monitored the plaintiff in the days following the second surgery and was addressing the plaintiff’s medical symptoms as they arose. Our expert, a board-certified general and colon-rectal surgeon, also testified convincingly that the plaintiff’s post-operative condition and complaints were consistent with those of other elderly patients having just undergone two abdominal surgeries and that our doctor’s treatment of the plaintiff, including her decision not to examine the bowel during the second surgery, met the standard of care. The jury deliberated for approximately two hours before returning a defense verdict.