Starnes Davis Florie


Scott Salter and Billy Bates Obtain Defense Verdict for Anesthesiologist in a Medical Malpractice Trial

May 13, 2015

Scott Salter and Billy Bates obtained a defense verdict for an anesthesiologist on May 8, 2015 in a wrongful death case tried in Gadsden, Alabama. After an eight hour surgery, the patient was stable and extubated by a CRNA. The patient was unable to maintain spontaneous breathing and resuscitative efforts were started. The anesthesiologist responded to the page for help. Upon entering the operating room, the anesthesiologist intubated the patient and shortly thereafter started chest compressions. Despite his efforts, the patient could not be resuscitated. The plaintiff contended the anesthesiologist improperly ran the CODE resulting in the patient’s death. The case was complicated by an autopsy that did not identify a cause of death. The defense established there was no breach of the standard of care in running the CODE. Additionally, through review of the case by an expert forensic pathologist, the defense established the cause of death was fat emboli and that different treatment would not have changed the outcome. Following a week long trial, the jury returned a verdict in favor of the defendant anesthesiologist.

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