As medical and technological advancements inexorably progress, healthcare liability becomes more complex. Our attorneys vigilantly track the new technologies impacting healthcare liability, from electronic medical records and robotic surgery to telemedicine and artificial intelligence. Of course, the foundation of our healthcare liability expertise is our attorneys’ immense experience handling claims against healthcare providers of varying specialties, including navigating pre-trial medical liability procedures, presenting complex medical issues to judges and juries, and securing successful resolution of claims for our clients.
Gallbladder Surgery Case: Our attorneys obtained a defense jury verdict in a medical malpractice litigation filed against a medical center in Orleans Parish. The claim involved an elderly woman treated by staff physicians at the facility. During the course of a gallbladder surgery, the common bile duct was nicked, resulting in a slow but steady leak of bile into the patient’s peritoneum that went undetected during the surgery. Prior to trial, a medical review panel concluded that the injury was a known risk of the surgery of which the patient had been informed prior to consenting to the procedure, that the operating physicians had not committed malpractice during the performance of the surgery, and that the patient accordingly was not entitled to recover from the doctors. The jury agreed, returning a defense verdict.
Neurosurgery Case: Our attorneys obtained a defense jury verdict in a medical malpractice case filed against a neurosurgeon. The plaintiff claimed that brain surgery was unnecessary and resulted in the loss of brain tissue that left plaintiff with various cognitive and neurological impairments.
Statewide Counsel for the State in Serzone Class Action: The firm acted as statewide counsel for public mental health care providers defending allegations of medical malpractice in the prescription of the anti-depressant Serzone. The litigation was consolidated to an Multi-District Litigation (MDL) convened at Charleston, West Virginia. The firm obtained full dismissal of all claims after extensive discovery, with no compromises or judgments against our clients.
Damaged Iliac Artery During Surgery: The firm assumed the defense of this medical malpractice matter in June 2018, only a few months before trial. The plaintiff was well-represented by a local and experienced trial attorney who specializes in prosecuting medical malpractice actions. Plaintiff alleged that the defendant/surgeons deviated from the standard of care during a diagnostic laparoscopic surgery performed in 2007, specifically alleging that the surgeons strayed from the appropriate operative field and damaged her external iliac artery, ignored her post-operative complaints of leg pain, and failed to secure a vascular consult. At the close of plaintiff’s case, firm attorneys moved for directed verdicts on future medical expenses and economic damages, which were granted. After deliberating about four hours, the jury answered “No” to the first question on the verdict form: “Do you find by a preponderance of the evidence that defendants breached the standard of care in its treatment of plaintiff?” Thus, ending deliberations with an 11-1 defense verdict on liability.
Alleged Misdiagnosis of Brain Tumor: The case involved a claim that a teenager’s benign brain tumor was misdiagnosed as malignant and was the cause of intermittent epileptic seizures. Due to the alleged misdiagnosis, extensive brain surgery was performed to remove the tumor as well as some surrounding brain tissue. It was determined post operatively that the tumor was benign. Plaintiff claimed the surgery was unnecessary and resulted in the loss of brain tissue that left plaintiff with various cognitive and neurological impairments. After a five day jury trial in CDC, and several hours of jury deliberations, the jury returned a defense verdict in favor of our client/surgeon.