Defense Verdict In New York County

On June 23, 2009, Robin R. Dolsky received a defense verdict in a medical malpractice case on behalf of a prominent surgeon.

Plaintiff claimed that the abdominal surgery performed by our client was unnecessary and too extensive.  Plaintiff further claimed that there was a failure to properly follow and timely diagnose plaintiff’s abdominal abscesses postoperatively.

A Manhattan jury credited our position that the surgery was indicated to removed the diseased area of the plaintiff’s bowel based on a CT scan showing a perforation of the abdominal wall, and that the surgery prevented a catastrophic complication.

With respect to the post-surgical care, Ms. Dolsky argued successfully that a CT scan was ordered in timely fashion.  Plaintiff had a known diagnosis of a C. Difficile infection, to which all her postoperative symptoms could be attributed, until the surgical team noted right lower quadrant pain on “deep” palpation.  At that point, a CT scan was performed and treatment was instituted immediately.