Starnes Davis Florie


Starnes Davis Florie Attorneys Wright and Reese Secure Defense Judgment for General Surgeon

March 11, 2014

On February 26, 2014, Mike Wright and Joseph Reese obtained a judgment in favor of a Talladega general surgeon. The patient underwent an intended combined laparoscopic cholecystectomy and Toupet procedure for hiatal hernia. During the course of the surgery, the internal vena cava was disrupted. The injury was recognized and repaired at the time of the operation. Postoperatively, the patient developed a complete occlusion of the internal vena cava. The patient survived on the adequacy of collateral blood flow. The plaintiff contended, among other things, that the surgeon was negligent in failing to prescribe postoperative anticoagulants for the patient. Evidence at trial established that the injury was a recognized inherent risk associated with the planned surgery. Further, the plaintiff failed to establish that the administration of postoperative anticoagulants probably would have prevented the development of the clot. Accordingly, judgment as a matter of law was entered in favor of the defendant.

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