Medical Malpractice Defense Verdict for Eric G. Johnson, Esq.

Eric successfully defended a local gynecologist in claim of medical malpractice for improperly diagnosing the then 22 year old plaintiff with endometriosis and thereafter proceeding with a hysterectomy and removal of left ovary to treat the allegedly misdiagnosed condition.  After the procedure, the pathologist’s report was negative for endometriosis.  In addition to alleging improper diagnosis, plaintiff also claimed lack of informed consent in proceeding with the surgery.

 

Eric defended the provider arguing endometriosis is diagnosed primarily based upon clinical signs and symptoms and observation of endometriosis on laparoscopy, and physician properly diagnosed the condition on that basis.  Eric also argued the inaccuracy of biopsy for confirming an endometriosis diagnosis.  With regard to the allegation of lack of informed consent, Eric argued that while the plaintiff had not been provided with an exhaustive list of treatment options, various medical and surgical treatment options were discussed, and that those not discussed were not reasonably viable options under her particular circumstances.

 

The plaintiff, represented by two attorneys from Goldberg Segalla LLP, demanded $795,000 before trial to settle her claim.  No offers were made on behalf of the physician.  At trial, plaintiff's attorneys suggested the jury award $740,000 for pain and suffering ($200,000, $540,000 future).

 

After only 40 minutes, the jury returned a unanimous verdict for defendant on both questions (no negligence, no lack of informed consent).

 

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