. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 158738

$________ Medical malpractice - Hospital negligence - Negligent credentialing and supervision - Wrongful death of woman following transabdominal laparoscopic cyroablation.

Brooke County, West Virginia

In this matter, the plaintiff alleged that the defendant hospital was negligent in permitting the surgeons to perform a procedure which neither had performed before without properly supervising and credentialing the surgeons. The defendant denied the allegations.

The female decedent underwent a procedure at the defendant hospital called a transabdominal laparoscopic cyroablation to freeze a lesion located on her kidney. The decedent’s doctors suspected that the lesion was cancerous, although tests did not confirm that she had cancer. The plaintiff alleged that neither of the surgeons who performed the procedure had ever performed that procedure before operating on the decedent. During the surgery, the surgeons perforated the decedent’s stomach and she later died as a result of the infection that developed.

The plaintiff alleged that the defendant surgeons were negligent and that the hospital was negligent for failing to properly credential and supervision the surgeons. The plaintiff also alleged that the surgeons and the hospital failed to inform the plaintiff that the doctors had never performed the procedure before and therefore, they did not have informed consent from the decedent.

The defendants denied the allegations. The defendant hospital maintained that in lieu of peer review, it held public meetings. The defendants agreed to permit judgment in the amount of $________ to be entered against the hospital in favor of the plaintiff. The plaintiff had settled with the surgeons in a confidential settlement prior to this matter.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.