Latest legal news from Davenport, Evans, Hurwitz and Smith

DEHS Successfully Defends Medical Malpractice Action

October 22, 2007

Two members of the firm’s professional liability practice group, Mark Haigh and Melissa Hinton, obtained a defense verdict in a medical malpractice trial arising out of gastric bypass surgery.

A patient, who was experiencing serious health problems which her physicians believed would be alleviated if she lost weight, decided to have gastric bypass surgery. Gastric bypass (weight loss) surgery is a relatively safe procedure but, as with any surgery, complications can and do develop even though the patient has received the best possible care. In this case, the patient did develop complications. She contended the complications were the result of a surgical error.

During trial, DEHS presented testimony from experts to dispute the patient’s contention. After a one week trial, the jury returned a verdict in favor of the defendant surgeon, finding the surgeon provided appropriate care and did nothing wrong to cause the patient’s complications.

This is the second gastric bypass medical malpractice action DEHS has successfully defended.

Return to Latest News Articles