Medical Malpractice Defense Verdict for Lincoln Derr

June 6, 2022 by

Lincoln Derr is pleased to announce that Tricia Derr, paralegal Christian Whittington, and co-counsel Adam Peoples (of Hall Booth Smith) recently secured a medical malpractice defense verdict in a three-week jury trial litigated in Asheville, North Carolina. This recent result marks the third defense verdict for Lincoln Derr in the last month.

The case was a wrongful death case involving an intraoperative complication. During surgery, the surgeon attempted to clip an artery with a device. The device did not control the bleeding and the patient suffered extensive hemorrhage that caused her death.

Plaintiffs alleged the young surgeon was inexperienced and operated in the “wrong plane.” We contended intraoperative bleeding is a known complication that is usually controllable.
In this case, the patient had multiple other illnesses leading to hardened arteries, which are harder to seal intraoperatively. Therefore, this artery did not properly seal. Efforts to clip or stitch the artery shut also failed. The patient had been extensively counseled on the risks of surgery, including bleeding.

Although rare, and usually controllable, bleeding can – and does – happen. Complications of surgery can occur even with the most careful and experienced surgeons. This is why doctors counsel us on the risks and benefits of surgery. While rare, complications can – and do – happen – without anyone being “at fault.”

The jury agreed.


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