Despite all efforts, one malpractice case in Louisiana reached the state’s Supreme Court before it was dismissed. The plaintiff claimed that he had bile leaking from his liver after a gall bladder surgery. The plaintiff’s wife also filed for a loss of spousal benefits. The court refused to hear the case.
A medical board review four years ago said that leaking bile after a gall bladder surgery was a very common side effect and that this result did not breach the standard of care. However, the surgeon did admit that they operated on the wrong duct the first time and had to perform a second surgery to fix the problem. After the symptoms developed, the couple sued but a jury dismissed their claim. They moved to appeal.
During the appeal the couple noted behaviors in the court room that led them to appeal to the Supreme Court of Louisiana, including a belief that a local standard of care was being used and unusual friendliness between the judge and the defendant. However, an expert witness for the plaintiffs came to the conclusion that, beside the initial surgical error, everything else fell under the standard of care.
Malpractice lawyers will do everything in their ability to secure a favorable outcome, but it isn’t always possible to achieve the optimum result. That’s why experience in the field is so important. Bottar Leone has been defending malpractice cases in New York for decades. Find out what makes us different by browsing our website. If you need to consult with a lawyer about a medical malpractice case, call us.