Stinnett & Masters LLP partners Mark Stinnett and Margaret Masters secured a defense verdict for a local obstetrician/gynecologist on June 21, 2013, following a four-day trial in the District Court of El Paso County, Colorado.
The plaintiff underwent a laparoscopic surgery by the defendant to evaluate suspected endometriosis, a painful condition in which tissue that normally lines the inside of a woman's uterus grows outside that organ. Postoperatively, the patient developed complications which led to a surgical re-exploration of her abdomen, at which time two small perforations in her small intestine were discovered and repaired.
Plaintiff alleged that the surgery had been unnecessary and that it had been performed using improper techniques for laparoscopic procedures. She claimed that her injuries and post-op problems resulted from the Defendant's negligence, and sought more than $400,000 in damages.
The defendant and experts at trial agreed that the injuries to the small intestine were probably caused during the laparoscopic procedure, most likely during initial insertion of a trocar, an instrument used to perform the surgery. The defense contended that such injuries are a known risk of the procedure and occur even when everything is done correctly. The defense attorneys also argued that all of the techniques and procedures used by their client had been properly selected and performed.
The jury agreed with the defense position and returned a unanimous finding of no negligence by the physician after a short deliberation.
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