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

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 and died from septic shock two days later. Plaintiff sued the defendant physician, alleging his negligence contributed to his wife’s wrongful death.

Plaintiff’s experts testified that the defendant should not have agreed with the surgeon to discharge the patient home following her abdominal surgery, particularly in light of the fact that the surgeon noticed a superficial injury to her bowel during the surgery. Plaintiff’s experts also testified that the defendant should have had the patient in for a reevaluation when she called the morning after her surgery and reported abdominal pain.

Defense experts testified that the defendant was not negligent in agreeing with the surgeon to discharge the patient home. The defendant’s reliance on the surgeon’s judgment was appropriate, especially considering abdominal surgery and evaluation of bowel injuries were not within the defendant’s field of expertise. Defense experts also testified that the defendant took appropriate action the day after the surgery when the patient reported abdominal pain. Abdominal pain after abdominal surgery was not, in and of itself, reason to suspect a bowel perforation or to reevaluate the patient. Defense experts testified the defendant exceeded the standard of care by contacting the patient two times later in the day, and he was appropriately reassured when he learned from those contacts that the patient was feeling better.

After a five-day trial, the jury returned a defense verdict after approximately 20 minutes of deliberation.

[11-T-138]

Type of action: Medical malpractice
Injuries alleged: Wrongful death
Name of case: Confidential
Court: Loudoun County Circuit Court
Case no.: 53467
Tried before: Jury
Judge: James H. Chamblin
Date: Sept. 23, 2011
Demand: $2,750,000
Verdict or settlement: Defense verdict
Attorneys for defendant: Richard Nagle and Paul T. Walkinshaw
Attorneys for plaintiff: Richard Thorsey and Paul Warren