Baltimore County Medical Negligence Trial Results In Defense Verdict
Posted on behalf of Goldberg Finnegan, LLC on Dec 29, 2008 in Medical Malpractice
The Maryland Daily Record reports that A Baltimore County, Maryland jury ruled in favor of the Defendant doctor and St. Joseph Medical Center in a recent medical malpractice case involving gallbladder removal surgery. The Plaintiff was represented by Salsbury, Clements, Bekman, Marder & Adkins of Baltimore City, MD (a good law firm-they do not lose very often).
In this case the patient, age 78, arrived at St. Joseph's Medical Center Hospital with abdominal pain (stomach pain) with an inflammation of the gallbladder and a dilated bowel. Dr. Lerman removed the gallbladder the next day. The bowel widened but Dr. Lerman says he did not find evidence of a bowel obstruction. Later tests showed a small-bowel obstruction so a second surgery was done to remove the blockage and reconnect the small intestine. The patient later developed complications including a hernia.
The doctors did not prepare a mandatory post-operative report following the second surgical procedure. The patient's lawsuit alleged that the doctor was negligent. The Baltimore jury disagreed and found in favor of the defendant doctor. The claims made in this medical malpractice lawsuit were for negligence and loss of consortium. Suit was filed on June 25, 2007 and the verdict came in on November 25, 2008.
This case shows that surgical medical malpractice cases are difficult to win. By the time they go to trial, it is typically one expert saying the surgeon was negligent and breached the standard of care, and the other expert saying that the surgeon complied with the standard of care and that the damages are simply and adverse consequence of surgery (not all surgeries go well, even when procedures are done perfectly).
Our law firm handles and reviews surgical malpractice cases and have had particular success handling cases involving gastric bypass surgery that is done wrong and/or performed on inappropriate candidates. If you or a loved one had a surgical procedure that did not go well and that resulted in serious injury or death, call us so that our Maryland attorneys and/or trained nurse attorneys can review the facts and determine if the bad result was the result of a medical error.