Medical Malpractice Defense

Defense of 2 GYN surgeons following a total laparoscopic hysterectomy. Plaintiff alleged lack of informed consent as to all alternative therapies for the treatment of fibroids, perforation of the bowel, failure to run the entire bowel during surgery, failure to close the wound adequately at the site of an umbilical hernia, and misdiagnosis and/or delayed diagnosis of the bowel perforation. After a 2-day bench trial, the 25th Judicial District Court ruled in favor of all defendants, dismissing plaintiff’s action with prejudice.

Defense of a CRNA sued along with the anesthesiologist by the deceased patient’s surviving children, on a claim that the CRNA and the anesthesiologist improperly handled their mother’s induction, intubation and resuscitation, leading to anoxic encephalopathy and death. After a 5 day trial, the Jefferson Parish jury ruled in favor of all defendants, dismissing plaintiffs’ action.

Defense of an OBGYN alleged to have failed to timely identify and diagnose breast cancer, resulting in plaintiff’s having to undergo a total mastectomy. After a 4-day trial, the Jefferson Parish jury deliberated less than 2 hours before ruling in favor of the OBGYN and dismissing plaintiff’s action.

Defense of an anesthesiologist who had inadvertently placed a central line in the patient’s subclavian artery rather than in her subclavian vein, resulting in a stroke followed by death days later. The Acadia Parish jury deliberated for under an hour before ruling unanimously in favor of the anesthesiologist, dismissing plaintiffs’ action.

Defense of a general surgeon who performed a cholecystectomy which resulted in a severed bile duct. The Jefferson Parish jury deliberated for approximately 3 hours before ruling in favor of the general surgeon, dismissing plaintiff’s action.

Representation of a hospital in an EMTALA action wherein the plaintiff initially. alleged that he had been improperly discharged from the hospital ER without being medically screened and stabilized. After the District Court granted summary judgment, plaintiff argued on appeal that the trial court erred when it found that his claims were “standard of care issues” and when it failed to allow him additional discovery. The Court of Appeal found no error on the part of the district judge and affirmed the summary judgment.

Defense of a general surgeon who was alleged to have unnecessarily delayed in taking a patient to surgery and then alleged to have used improper surgical technique in attempting to decompress the patient’s colon. The patient expired during surgery and could not be revived. The St. Tammany Parish jury deliberated for under an hour before ruling in favor of the defendant surgeon, dismissing plaintiffs’ action.

Defense of a pediatric emergency medicine physician and pediatric hospital alleged to have failed to administer Tamiflu to a child, resulting in the child’s death from Influenza A H1N1 (swine flu). After a 5-day trial, the Civil District Court jury returned a verdict in favor of the physician and hospital.

Defense of an emergency medicine physician in an action brought by the parents of their major son who died following a methadone overdose. After a 3-day trial, the U.S. District Court jury returned a defense verdict.

Defense of an internist in an action brought by the children of the deceased patient based on their claim of failure to treat Methotrexate toxicity and aplastic anemia leading to death. After a 4-day trial, the Civil District Court jury returned a defense verdict.