Defense Verdict For Two Obstetrician/Gynecologists In a Medical Malpractice Case Tried In Hillsborough County
Lou La Cava, Piper Hurley and Jim Wetzel obtained a defense verdict for two Obstetrician/Gynecologists and their practice groups in a medical malpractice case tried in Hillsborough County. The Plaintiff alleged she had to have her only fallopian tube removed due to a delay in diagnosis of an ectopic pregnancy. Plaintiff’s claimed that both defendants failed to follow up on a pathology report after a Dilatation and Curettage. The pathology report showed that the specimen removed did not contain any chorionic villi and therefore there was a suspicion for an ectopic pregnancy. The ectopic pregnancy ruptured before being diagnosed and therefore the patient could not have a more conservative treatment which would have preserved the tube. The case was defended on both standard of care and causation. The defense position was that while there was a system failure regarding reporting the results of the pathology report it was not caused by the negligence of the physicians. Further, it was argued that the Plaintiff more likely than not would have needed to have her tube removed even if the ectopic pregnancy was diagnosed sooner. After an 8 day trial the jury returned a verdict finding that there was no negligence that was a legal cause of injury to the Plaintiff.