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Jury needed only 20 minutes to find for doc in med-mal case – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: October 24, 2011
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Plaintiff’s wife underwent surgery to remedy blocked fallopian tubes and remove abdominal adhesions. Defendant physician recommended the surgery to improve the wife’s chances of success with IVF therapy. Another physician, who was not a party to the case, performed the surgery. After the surgery, plaintiff’s wife was discharged home. She then developed a bowel perforation [...]

Baby stillborn during breech delivery at home – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: July 18, 2011
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Plaintiff, a 38-year-old woman, was a patient of defendants’ obstetric practice. She saw the defendant doctor regularly throughout her pregnancy with her fourth child. On Sept. 27, 2006, plaintiff – then at the gestational age of 38 weeks, 2 days – came to defendants’ office. It was the defendant-doctor’s practice to see all obstetric patients [...]

Patient develops infection after removal of wisdom teeth – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: June 20, 2011
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The defendant oral and maxillofacial surgeon extracted two of the plaintiff’s wisdom teeth. Plaintiff alleged that defendant (i) failed to appropriately prescribe antibiotics both before and after the surgery, (ii) failed to detect the signs of an infection during his treatment of her, (iii) failed to timely order a CT or MRI scan or make [...]

Spinal cord damaged during surgery for herniated disk – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: June 6, 2011
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Plaintiff, age 35, went to defendant surgeon’s office on March 27, 2009, complaining of gradually worsening neck pain over the past three to four months. He also reported progressively worsening headaches, increasing numbness and tingling on the left side greater than the right and some occasional low back pain. Plaintiff reported that he could hardly [...]

Woman alleges negligence during hemorrhoid surgery – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: May 30, 2011
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The plaintiff was a 39-year-old female who went to the defendant general surgeon with extremely painful Grade IV hemorrhoids in March 2005. He admitted her to the hospital and performed surgery the next day to remove the hemorrhoids. There was no dispute that the defendant’s diagnosis was correct and that surgery was the only reasonable [...]

Jury verdict creates issue of respondeat superior – Plaintiff’s Verdict Set Aside (access required)

By Virginia Lawyers Weekly
Published: April 25, 2011
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The estate of a 24-year-old decedent alleged at trial that the defendant doctor and his group were liable for the failure of the doctor to timely advise the decedent of the presence of pneumonia as evidenced by a chest X-ray. The jury returned a $3,500,000 verdict (later reduced to $1,850,000 pursuant to the medical malpractice [...]

Man dies after delay in detecting bleeding – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: April 11, 2011
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On Feb. 24, 2009, decedent underwent rotator cuff repair surgery. In the early hours of Feb. 25, decedent complained of severe abdominal pain and he was noted to be hypotensive. Decedent’s nurse notified the hospitalist who ordered Protonix and Maalox. After several hours, decedent’s severe abdominal pain persisted, and the nurse was unable to obtain [...]

Physician blamed for failing to detect ruptured diaphragm – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: April 4, 2011
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The 76-year-old decedent was involved in a motor vehicle accident on April 1 and was admitted to the hospital under the care of the defendant family care physician. Among other things, studies revealed a left pulmonary contusion, atelectasis of the left lung, compression fracture of the L4 vertebra and right rib fractures. The decedent subsequently [...]

Death blamed on absence of sickle cell tests – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: December 20, 2010
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This case involved a 58-year-old black male who had a known history of thrombocytopenia (low platelets) and sickle cell trait when he went to defendant for pre-surgical evaluation. He was referred by his cardiologist for pre-surgical evaluation of his thrombocytopenia after a cardiac catheterization revealed severe coronary artery disease with involvement of the left main [...]

Dental malpractice alleged in pain, TMJ disorder – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: November 29, 2010
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The plaintiff sued his dentist for $1,000,000 alleging that the defendant’s treatment approach, including occlusal adjustments (grinding small bits of teeth enamel to correct bite problems) was negligent and caused him to experience joint problems, pain, sleeplessness and emotional injury. The case first went to trial in 2009 and plaintiff took a nonsuit during trial [...]

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