Tag Archive for: Defense Verdict

Medical Malpractice

Defense Verdict For Two Obstetrician/Gynecologists In a Medical Malpractice Case Tried In Hillsborough County

Medical MalpracticeLou 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.

Defense Verdict For a Medical Malpractice Case in Broward County

Jon Lynn got a defense verdict in a medical malpractice case after a one week trial in Broward County. The defendant, an orthopedic trauma surgeon, was sued by his former patient who had sustained a comminuted fracture of her left forearm that the doctor treated with a long arm cast. The plaintiff’s expert testified that there was virtually no chance that the fracture would heal without surgery and told the jury that the defendant was negligent because he failed to perform an open reduction and internal fixation within a week or two of the accident. The fracture went on to a non-union and the plaintiff had surgery by another orthopedic surgeon two years later. She claimed damages as a result of the delay in surgery. The jury disagreed and returned a verdict for the doctor.