Decedent’s estate claimed wrongful death five days post cervical fusion surgery, alleging neurosurgeon was negligent for proceeding with surgery despite decedent having a raised white blood cell count taken before surgery. Plaintiff alleged that the raised white blood cell count was a sign of an ongoing infection and surgery should have been delayed or further testing should have been done to ensure there was no ongoing infection.
After a two-week trial the jury returned a unanimous verdict in favor of the neurosurgeon and the other two defendant physicians.