Recent Success

Defense Verdict for Internal Medicine Physician - May 2013

On May 24, 2013, shareholder Hugh McCabe successfully defended an Internal Medicine physician in a case of alleged malpractice where plaintiff alleged both a general surgeon and an internal medicine physician were negligent in providing care and treatment in connection with plaintiff’s acute abdominal pain, diverticulitis, and microperforation of the bowel.

Plaintiff specifically alleged defendants should not have discharged her from the hospital after four days of conservative management of her acute diverticulitis based upon her elevated glucose levels and reports of abdominal pain. Both defendants maintained plaintiff’s condition greatly improved during the course of her hospitalization to the point where it was appropriate to discharge plaintiff with follow up. Plaintiff subsequently had a macroperforation of her bowel approximately four to five days after her discharge. At this point she required surgery to repair the bowel.

Defendant maintained her care and treatment of plaintiff met the standard of care at all times and conservative management of her acute diverticulitis and decision to discharge was within the standard of care. The subsequent bowel perforation was an unforeseeable event and was not substantially caused by defendants care and treatment.

The jury for the case found both defendants were not negligent in their care and treatment of plaintiff.


Hugh A. McCabe is a shareholder in our San Diego office. He concentrates his practice on civil litigation, employment law, business litigation and trucking and transportation matters. For further information, Mr. McCabe can be reached at (619) 238-1712  or hmccabe@neildymott.com.

Back to Recent Success


Web design by Acro Media Inc