Anthony P. DeMichele and Jaime N. Johnson recently obtained a defense verdict in a medical malpractice case on behalf of a hospital following a four-day jury trial.
In July 2010, the 24-year old plaintiff presented to the defendant hospital with complaints of abdominal pain. She was diagnosed with symptomatic cholelithiasis and underwent a laparascopic cholecystectomy. She returned to the defendant hospital five days after discharge and was diagnosed with a perforation of the bile duct. Plaintiff underwent an endoscopic retrograde cholantio-pancreatography (ERCP) at the hospital. Days later, a duodenal perforation was discovered.
Plaintiff alleged that there was a delay in diagnosis of the biliary leak and duodenal perforation, which caused her to develop several complications, including a large abdominal hernia. The defense maintained that the complications plaintiff endured were known risks of the procedures and were due to no fault of the defendants
After a two day jury deliberation, the jury found in favor of the defendants.