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ARTICLE ID 158738
$________ Medical malpractice - Hospital negligence - Negligent credentialing and supervision - Wrongful death of woman following transabdominal laparoscopic cyroablation.
Brooke
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 decedents 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 decedents 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.
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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