Recent Success

A Defense Victory for Imperial County Surgeon in Bowel Perforation Case - May 2010

On May 18, 2010, senior trial attorney Hugh McCabe received a 12-0 medical malpractice defense verdict for a general surgeon in Imperial County.

The plaintiff underwent a laparoscopic hernia repair surgery by the defendant. During the course and procedure of the surgery, the plaintiff suffered a small bowel perforation unbeknownst to the defendant. Post-operatively, the plaintiff developed sepsis and multi-organ system failure necessitating several surgical procedures to save her life.

The plaintiff asserted the defendant was negligent in not identifying the bowel perforation during the surgery. The defendant contended she met the applicable standard of care and that all efforts were made to try to determine whether any injury to other internal organs had occurred prior to closing. The patient had a history of morbid obesity and six prior abdominal surgeries. Extensive scarring and adhesions from prior surgeries and excessive fat, made it difficult to visualize any evidence of a perforated bowel.

The plaintiff asserted she underwent subsequent surgical procedures to save her life and repair the bowel perforation. Plaintiff sought $360,000 in damages.

Trial lasted 5 days in Imperial County. The jury returned a 12-0 defense verdict on behalf of the surgeon.
 


Hugh A. McCabe is a shareholder in our San Diego office. He concentrates his practice on 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.

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